There is no specific law on this, but if you and your wife agreed to separate she would be hard pressed to accuse you of adultery. It would be best to try and work out the terms of a separation agreement which takes care of issues such as property disposition, joint debts, any child issues, taxes, and post separation rights. An experienced family attorney can assist you with the preparation of such an agreement.
Once it's in place, either of you can file for an uncontested divorce that will be fast, inexpensive and stress-free. I disagree with Robert, at least in part. Post-separation adultery is still adultery, and while a court may be disinclined to grant a divorce on post-separation adultery, if they granted a divorce in your case on that basis, it certainly wouldn't be the first time. Moreover, what if you wife believes--accurately or not--that the relationship started before the separation?
Can you prove the negative; namely, that the relationship didn't predate the separation? Adultery is also a crime in Maryland. But it's still a crime. There is no such thing as a legal separation in Maryland, although there is what is known as a "limited divorce. I do agree with Robert hat the best thing to focus on, particularly if you and your wife agreed to separate, is the resolution by written agreement of the other issues arising out of your marriage.
Whether or not maintenance, or alimony, will be awarded to either party in a given case will depend on the specific facts of each case. The court uses a specific set of factors in determining alimony. It is important to note that alimony in Maryland can be classified in three different groups: Statutory alimony is awarded to a dependent spouse, the amount and duration of which is determined by a list of factors that the court considers.
Indefinite alimony is the exception to the rule of statutory alimony. It may only be awarded if the court makes one of two specific findings regarding the dependent spouse. Either party may resume the use of either their given name at birth or any other former name, provided the following occurs: In Maryland, annulments are only granted when the marriage is void. For instance, an annulment could be granted in the case of incest or bigamy.
A limited divorce can be filed immediately, regardless of the grounds. The time period in which to file for an absolute divorce will be determined by the grounds for the divorce. The length of a case for divorce depends on the complexity of the matter and the jurisdiction in which it is being heard. For instance, an uncontested divorce where the parties have agreed to all issues and the Complaint and Answer were filed contemporaneously, may take as little as two months.
Most cases do not move so quickly. To obtain a divorce in Maryland, even if a divorce is uncontested and all of the issues have been resolved by agreement, the Plaintiff or the party that filed the initial Complaint will have to appear in court to give specifically required testimony regarding the marriage and divorce. That party will also be required to bring a witness to corroborate the necessary testimony. A party may remarry only after they are divorced.
A divorce is final 30 days after the parties have received the Judgment of Divorce, signed by the judge. As to when a spouse may start dating again depends. It is important to note that so long as you are married, regardless of whether or not you have separated from your spouse, sex with any person other than your spouse is adultery under Maryland law.
Depending on the grounds for the divorce, you can move forward regardless. For instance, the law in Maryland has recently been changed so that you may obtain a divorce after a year of living separate and apart, whether or not your spouse agreed to the separation or ultimate divorce. No, but you should consult a divorce lawyer prior to moving. It is possible that moving may have a negative impact on your case, especially when it comes to child custody.
These are only the papers you would need to begin the case. The progression of the case after filing will dictate what other papers may have to be filed. In Maryland, a divorce complaint must be filed with the Circuit Court for the county that has jurisdiction. The party filing the initial complaint will also have to pay a filing fee.