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Husband is committing adultery but wont move out nor pay any household bills. told I need a lawyer to file adultery in md?

Parkville, MD |

I also have a friend over 10 years but husband chose this "friend" because he claimed illness & sat in basement for over 13 years doing absolutely nothing except work if I woke him up each day.

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Attorney answers 4

Posted

If you're both committing adultery, you would not succeed on a divorce complaint with those grounds. You may have other remedies available to you regarding the living situation and assistance with the bills; however, you will need an attorney's assistance. I recommend using the "Find a Lawyer" feature on this site to assist you.

This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship. 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.

Posted

You may file a Complaint for Absolute Divorce if you have been separated for at least one year, or if he has committed adultery, and there are a few other bases for Absolute Divorce. It is usually easier to prove a one year separation than it is to prove adultery, so most couples use the one year separation as the basis for their divorce, and it is less stressful.

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.

Asker

Posted

I cant file unless I move out of the house because we have same address. meanwhile he can destroy everything I own while waiting on court date.

David Raymond Mahood

David Raymond Mahood

Posted

Can you move out and live elsewhere?

Posted

You can file criminal charges in MD against your husband for adultery. The fine is $10. However, I think when you say you want to "file adultery", you are referring to filing for divorce for cause based on your husband's adultery. You can also do this if you wish; however, as other counsel pointed out, if you are also committing adultery, you could run into trouble.

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

Posted

I am not totally clear on your "friend", but I suggest you meet with an attorney.

If your husband is committing adultery you can file for divorce; however, that may not be the smart thing to do. If you are paying all of the bills and your husband is refusing to move out, depending on the circumstances, you may be better advised to simply move out yourself. Factors such as who owns the house, who is on the mortgage or lease, does your husband have the ability to contribute towards expenses, these are just a few of the issues that you should discuss with an attorney. The cost of consulting with a divorce attorney is small compared to what is at issue and being trapped, for what sounds like long time, in an unhappy relationship.

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