What are the grounds for a divorce?

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What are the grounds for a divorce?

I’ve been with my husband for almost 4 years. We separated once 2 years ago for almost a year. I want a divorce due to neglect and distrust. Right now we are renting and the lease ends next month. Recently I’ve found out he has been indicated for sexual child abuse allegations with a teenage girl. I don’t know details (due to her being a minor) and he has yet to tell me about it. Are these grounds for an absolute divorce or do I still have to wait for a year for a divorce to be granted? Also, if I purchase any property before the divorce is granted, is he entitled to it?

Asked on August 10, 2011 Maryland

Answers:

Jayson Soobitsky / Law Offices of Jayson A. Soobitsky, P.A.

Answered 10 years ago | Contributor

Maryland Law does recognize cruelty of treatment or abuse as a ground for divorce. I can not tell by the facts presented whether the "neglect and distrust" that you mention is enough to meet the Maryland requirements.  With your lease ending next month now is a perfect time to plan an exit stategy with an attorney. Without a signed Property Settlement Agreement waiving such purchases all property (real and personal) purchased during the marriage it is likely be considered marital property.  The court may also consider the source of the funds used to make the purchase to decide whether the property is marital. If the money used to make the purchase is from a non-marital source (example: inheritance or gift) the property purchased could be considered non-marital.  You really need to meet with an experienced attorney immediately to get advice.  My office offers a free consultation to discuss these issues.  


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