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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Family Law
Satisfied Customers: 1422
Experience:  Attorney for 22 years. Family law, child custody and support, domestic violence.
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My husband has and is committing adultery. I want a divorce

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My husband has and is committing adultery. I want a divorce on the grounds of adultery to terminate this marriage ASAP. He just recently moved out and is renting an apartment with his lover, whom he claims is his roommate. Because of his new living expenses, he told me he is no longer going to help pay our joint bills. Due to my unemployoment, he is paying $200 per month for my health insurance. His net is approximately 2,100 per month. Can he just walk away from his debt obligations? I would like to subpoena his lover and 3 of his closest friends to confirm the adultery. I also want to subpoena his rental office to see who's on his lease agreement. He cannot afford this apartment based on his salary and debt-to-income ratio. I would also like to subpoena his employer for his cell phone records to establish a timeline when this woman entered his life up until now. Can any of these findings be used as evidence or will I only stand a chance if I hire a P.I.? I live in MD.
HelloCustomer

The first step, if you want to proceed with a divorce, would be to retain an attorney. Then, you and your attorney can thoroughly review your marital property, your marital debts, and your finances, and come up with a strategy which is most likely to maximize your financial outcome at the end of the divorce process. Although right now you are probably wanting to punish him, your ultimate goal needs to be to look out for your best interests and proceed accordingly. Planning your divorce strategy with your attorney will help put your financial needs in focus and then figure out how best to get there.

If you want to prove adultery, you do not have to catch them "in the act" of sexual intercourse using a private investigator with a telephoto lens. You will need to establish, through circumstantial evidence, that they are involved in a sexual relationship. The evidence necessary is that the adulterer and paramour were inclined to commit adultery when there was an opportunity to do so, and they were together at a time and place and under circumstances which provided them with an opportunity to engage in sexual intercourse. You can establish opportunity in that he moved out to live with her, and you can establish inclination in many ways, through testimony.

Given that he moved out, you may also have grounds for abandonment and desertion. Of course, under Maryland law, you do not have to prove grounds at all, and can proceed under a no-fault divorce.

There are reasons to pursue adultery as grounds, as the required length of separation before the divorce may be granted is shorter. However, this is counter-balanced by the increased likelihood of a trial (and much greater cost in attorneys' fees).

In Maryland, property distribution is on an "equitable" basis, which means that if the parties cannot reach an agreement, the judge will divide the property on principles of fairness. In reality, however, that often means a 50-50 split anyway. Also from a practical standpoint, some judges (certainly not all) may be influenced on some level about the equitable distribution of property where there are grounds proved.

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Next time you visit Just Answer, please ask for me by name by starting your question with "For Gloria M."

Good luck and best wishes!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois. You should consult with legal counsel in your area for specific information relevant to your situation.



Cowgirl Lawyer and 2 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
Relist: I prefer a second opinion.
Because I didn't pay attention, the expert didn't get an opportunity to respond to my other questions.
HelloCustomer

Thank you for accepting my answer!

I notice that since I initially saw your form, you have added additional information and additional questions.

It is doubtful that any attorney would take a contested dissolution of marriage case to trial for reduced fees, as the investment of attorney time is very substantial for such a case. Therefore, you are right that you are likely going to have to proceed pro se.

In order to subpoena people in to testify, you will first need to file your case. Because of limited funds, you will not be able to afford to do depositions prior, as you will not be able to afford to pay for transcripts of those depositions. Because you will need to subpoena them to testify, you will need a trial date before the subpoenas are issued. If they are willing to testify truthfully and not commit perjury, they may help you show inclination, depending upon behaviors they have seen (kissing, holding hands, etc.). It would be helpful if you could talk to the people you wish to subpoena ahead of time, to determine what testimony you might be able to get out of them under oath.

You may file your pleadings based upon your information and belief, and therefore you do not need to have all of your proofs in final form at the time of filing.

You may wish to simultaneously file a petition for temporary relief, when you file your petition for dissolution. In that you would ask for the payment of spousal support and attorney's fees. The court may not grant either request, but it might. If it does grant you temporary spousal support while your case is pending, that will be of great help to you.

You may also wish to ask the court to waive its filing fees by simultaneously filing a petition to proceed in forma pauperis (meaning you are poor and cannot afford the filing fees).

When you file the petition(s) in court, at that time you also do the summons. The petitions and summons should be served by the sheriff's department.

Given the circumstances you have outlined here, I think that you may also want to consider bankruptcy.

I will be happy to clarify my answer if you need me to do so, or give you further explanation if you don't understand. If not, please click ACCEPT to pay Just Answer and me for helping you. Your positive feedback wins me points and costs you but a moment of time. A "bonus" awards me for an especially good job.



Next time you visit Just Answer, please ask for me by name by starting your question with "For Gloria M."

Good luck and best wishes!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois. You should consult with legal counsel in your area for specific information relevant to your situation.



Customer: replied 8 years ago.

Gloria M,

 

Thank you for answering my remaining questions. You've been a great help.

 

Customer/p>