Will a judge grant an immediate divorce when only opportunity is proven?

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Will a judge grant an immediate divorce when only opportunity is proven?

My wife has admitted to having an affair with her boss and continues to have a sexual relationship with this person to this day. I hired a dectective who got them entering and exiting a hotel, but no PDA. Will a judge grant an immediate divorce using this information along with bank statements showing money spent on the boss, text message confession, and phone records?

Asked on August 6, 2012 under Family Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A divorce is a complicated process and in most states, fault does not need to be shown to grant a divorce.  However, a unilateral divorce will never occur. You need to give proper notice to her (serve her with divorce papers) and if you have been in a long term marriage, be prepared for a rather long, drawn out accounting of assets and liabilities and splitting of the same, including calculating child support payments if applicable and alimony.


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