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I sued my husband for adultery and abandonment, do i need to prove it in court that he had a mistress.

Baltimore, MD |
Filed under: Divorce Adultery Alimony

they lived in las Vegas now. I'm over 60 of age and married for 25 years, do yo think the judge will grant me for alimony to help me and my daughter and how about our money together? please help me...

Attorney Answers 3

Posted

In Maryland, alimony has different purposes and different reasons for granting it, depending on which purpose the Court is trying to accomplish. There is temporary alimony to help a spouse during the litigation period, or to become trained and capable of obtaining work if that spouse has been a stay-at-home parent, caring for children, or for other reasons has not been working. It is the goal in Maryland law for each spouse to be self sustaining, if possible.

Maryland has a list of about 11 different factors in determining how much spousal support and how long the spousal support will last, and even if any spousal support will be awarded at all. The court will consider the following factors when deciding if alimony is appropriate, and if so, then how much and for how long, and what kinds of orders to make in requiring the receiver of alimony to become self supporting: 1) The ability of the party to be self supporting; 2) The time necessary to get educated to become self supporting; 3) The marital standard of living; 4) The length of the marriage; 5) What each party did for the good of family; 6) The reasons the marriage ended; 7) The parties' ages; 8) The physical and mental health of each party; 9) The ability of the party to afford living expenses while paying alimony to the other party; 10) The financial needs and financial assets of each party; 11) Any agreement between the parties; 12) Any other factors or reasons which would cause a judge to grant or deny alimony.
As you can see, this is a very exhaustive list of possible factors which a judge takes into account when awarding or not awarding alimony, how much to award, and for how long.
An attorney can gather the necessary facts to advocate for your interests, while defending against your husband's arguments.

Regarding adultery, the court will require corroborating proof that your husband has had the opportunity and the inclination to commit adultery. This can be expensive, so most divorcing spouses focus on basing their Absolute Divorce on a one year separation.

There are many things to be considered in helping you achieve your legal goals. I recommend you consult with an attorney to review your various options in this case.

This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.

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Posted

There are many factors that a Judge must consider in awarding alimony, but my experience is that 2 of the most significant ones are in your favor: 1) length of your marriage; and, 2) the reason for the estrangement of the parties. In other words, the fact that he left you and is living in Las Vegas should be enough for the court to consider "reason for the estrangement" in your favor. Another very important factor is the economic circumstances of the parties. You need to consult with an attorney who has experience handling alimony cases to determine whether and, if so, to what extent you should receive alimony.

Please be advised that this response does not constitute "legal advice," nor does it create an attorney-client relationship. You should seek counsel of an attorney before taking any actions or deciding not to take any actions.

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Posted

There are a lot of factors involved here so it is difficult to answer without knowing more information. You can and should contact an attorney to help you protect your rights and assets. There are also two family law self-help centers in MD that you can visit for guidance although I would highly recommend obtaining counsel.

a. Anne Arundel – http://www.circuitcourt.org/family-law-cases-mainmenu-36/62
b. Montgomery County - http://www.montgomerycountymd.gov/circuitcourt/self_Representing/index.html

The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation

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