Arlington, VA asked in Divorce and Family Law for Maryland

Q: I live in Maryland, is there a statute of limitation on when adultery took place as to when you decide to get a divorce?

I have texts, emails, and pictures to prove that my spouse had the opportunity and willingness to have an affair. The event took place 5 years ago and we have tried to reconcile but we are now to the point where she has left the residence three weeks ago. Our two sons (15 and 12) have remained at the house with me (father). I just want to make sure I can use this as a means of absolute divorce. Thank you for your time

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1 Lawyer Answer
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste
  • Towson, MD
  • Licensed in Maryland

A: Usually when there is adultery, you qualify for an absolute divorce with no waiting period. However, there are defenses claiming adultery. For example, your spouse can say that you forgave it or you condoned it because of your actions/words (you said I forgive you, you resumed the marital relationship, continued living together, engaged in sexual intercourse, etc.). From the facts you stated, it does not sound like you have a direct case for adultery. You can certainly claim it if you believe otherwise but just keep in mind that she may have a defense.

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