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I have proof that my wife is commiting adultry. How do I prepare myself so that I do not lose everything (Kids, house, money etc

Frederick, MD |

We are going to therapy, but she insists that she wants out. I do not know the laws in MD but I have phone documents of the affair. I am worried that she will get everything simply because she is the woman and mother. I just want to be prepared for the worst. Thanks

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Attorney answers 1


The outcome of a divorce case is difficult to predict and all cases are different. In general, property is divided equitably based on a number of factors. First, a determination of what marital exists has to occur. The general rule is that any property acquired during the marriage is considered marital property. Examples are real estate, bank accounts, retirement accounts, etc. Exceptions included inherited property, gifted property, or property that is excluded by written agreement. Custody is determined on the basis of the best interests of the children. If your wife has been the primary caretaker of the children, she may have an advantage and may be able to get use and possession of the family home for up to 3 years if she is awarded custody. Child support would also have to be determined and, if appropriate, alimony may also be awarded on a temporary or permanent basis.

If you have proof of adultery, that may give you a small advantage in the property and/or custody determinations, but it is not as big a factor as it once was. Your wife may have a defense to adultery if you continue marital relations after learning of the affair.

I would strongly recommend consulting with an experienced family law attorney to address your specific circumstances, discuss your rights, and to plot a strategy.

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