Divorce FAQs

ABSOLUTE DIVORCE

Adultery

Q: I hired a private investigator who recently caught my husband hugging and kissing his secretary at a nearby park. Can I divorce him on the ground of adultery?

A: Yes. Generally, public displays of kissing and hugging are sufficient to satisfy the disposition element. In addition to this element, however, there must be an opportunity to commit adultery, as well.

Q: A few weekends ago, a private investigator I hired caught my husband spending the weekend at his secretary’s house. Has he committed adultery?

A: Yes. Since your husband and his secretary were alone for a weekend, an opportunity existed to commit adultery. To have a valid claim for divorce on adultery grounds, however, you must also show a disposition to commit adultery.

Desertion

Q: About 11 months ago, my husband permanently moved into another room of the house and refuses to come back to our room. Each night he bolts the door to his room and does not come out until the morning. Despite my continued attempts to enter his room, I have not had any sexual relations with my husband during this period. Do I satisfy the ground for desertion?

A: Most likely yes. Once you have satisfied the 12 month wait period without having any sexual relations, you may be eligible to file for an absolute divorce.

Voluntary Separation

Q: My wife and I live in separate homes and have not spoken in a year and a half. Can I obtain an absolute divorce?

A: Most likely, yes. However, in addition to living separately without any cohabitation for one year, it is also important that you and your spouse have mutually agreed to separate with the intent to terminate the marriage and that there is no hope or expectation of any reconciliation.

LIMITED DIVORCE

Voluntary Separation

Q: My wife and I agreed to separate a few months ago, but I recently tried to reconcile our differences with her, but she refused to give me a chance. Can I still obtain  limited divorce lawyers maryland on grounds of voluntary separation?

A: critical element to a voluntary separation is that there is no hope of reconciliation. Since you have tried to reconcile with her, the separation is no longer mutual. You can, however, due to her refusal, file of a limited divorce on the ground of desertion.

Desertion

Q: My wife and I are still living in the same home, but neither makes an effort to speak to each other nor have we acted like husband and wife in months. Do I have a claim for divorce based on ground of desertion?

A: Likely not. For a proper limited divorce attorneys maryland on the grounds of desertion, there must be a deliberate termination of cohabitation by one party. Since you and your wife are still living under the same roof, your “abandonment” seems more consensual in spite of the fact that there is no cohabitation between the two of you.

Q: My husband refuses to sleep with me no matter how hard I try and regularly sleeps out on the couch voluntarily. Can I divorce him on the grounds of desertion?

A: Likely yes. If your husband deliberately refuses to have sex with you for reasons other than health or other good reasons, then you may have a cause of action for a limited divorce on grounds of desertion. This is true in spite of the fact that you continue to live in the same house.

Q: My husband’s mother has been living with us for a few years, and I cannot bear her constant criticisms and interference into my personal life. Although I have begged my husband to talk to her, he refuses to do so. What should I do?

A: If your current living situation has had a negative effect on your health, you can possibly file for a limited divorce on the ground of constructive desertion.

Q: My husband comes home drunk everyday after work. His alcoholism is affecting our marriage. Do you think I can get a divorce?

A: Without more, such as your husband’s alcoholism causing him to abuse you or your children, simply being an alcoholic is insufficient to file for a limited divorce on ground of constructive desertion.

Cruelty / Excessively Vicious Conduct toward the Complaining Party or to a Child of That Party

Q: My husband, to whom I have been married 5 years, came home one day drunk last week and gave me a black eye. What are my options for divorce?

A: Unless your husband has a history of abuse, a one-time incident may not be sufficient to file for a limited divorce under the cruelty ground. If you feel, however, that future incidences of abuse will occur or that your husband intends to cause serious bodily harm to you in the future, then you may have a claim under the cruelty ground.

Q: My wife thinks that I am currently having an affair, despite my truthful denial, and has publicly embarrassed me with claims of my supposed affair on numerous occasions. I want to divorce her. Can I do it?

A: Yes. If your wife’s claims of infidelity are unfounded, then you can bring a claim for a limited divorce on the ground of cruelty and possibly desertion.

Q: My husband constantly yells at me and my children, although he has never physically laid a hand on us. He uses foul language in the presence of my minor children and sometimes directs it to them. This relationship has become emotionally draining, and I want to get out of it. What can I do?

A: It does not seem like there is really much you can do under the ground of cruelty since there is no indication that he has physically abused you. In the absence of any actions that endangers your personal security or health, the use of profane language only is insufficient to bring a limited divorce claim under the cruelty ground.