Divorce in MD

[elviejo2004]

If you live in MD with your wife and but you are the sole owner of the house, and you have found that your wife is committing adultery can you legally just tell her to leave the house or simply just put her out. Thank you.

 

[Scooterdog]

If it's your property, sure. I see no reason you can't tell anyone you want to get out. Of course, she probably won't leave that easily. You may be able to go in and get a restraining order of some kind, and have her removed.

Don't get physical with her, or she may file a restraining order and have you removed. Be careful.

 

[Duranie]

You can ask her to leave but she doesnt have too. I do not know what the law is in MD but as long as she is a resident of that house, you just cannot boot her out.

you cannot file a RO unless she threatens you. That should not be used as a ploy to kick her out of the house especially if there are kids involved.

 

[Scooterdog]

A "Temporary Restraining Order" is ordinarily issued after an "ex parte appearance" (an appearance in court by one party without the other being present). The Temporary Restraining Order is an order of the court that states that a person is to refrain from particular acts and to stay away from particular places.

I'm not looking at MD law, but, she has been unfaithful, she lacks clean hands. The other routeJuly 2007)

Today, CNN reported on a case in Illinois in which a husband won an judgment against his wife's boyfriend. The man sued for "alienation of affection," a legal tort claim that the other man unfairly deprived him of his wife's love and affection. Sound archaic to you? Very few states still recognize the claim, and the husband won a rather small judgment. If you happen to live in one of the states that does still have laws for alienation of affection, it may be worth pursuing if your spouse is unfaithful. In Maryland, adultery is a valid ground for immediate divorce, but you need to be able to prove it. You may also be surprised to learn that adultery is still a crime in Maryland, and your spouse may invoke his or her right Fifth Amendment right to refuse to testify about adultery.[/QUOTE]

Note what it says about MD, you can give her the ax anytime. If you can prove it, file a criminal complaint, then file a restraining order. If kids are involved, they need protected from this woman.

 

[Duranie]

Scooter, in what way to the kids need to be protected from this woman? Very few courts will hold adultery as a cause to limit moms contact with the kids.

VERY few states, if any at all, even prosecute alienation of affection anymore. Adultery might be a crime but it is rarely prosecuted.

Now I am not saying dad should allow mom and the boyfriend to shack up and just deal with it, but lets be a little reasonable here. The kids, if any, are going to be traumatized by the divorce as it is.

 

[Scooterdog]

All's one has to do is sign a criminal complaint.