If my wife has refused to sleep with me for months, does thatconstitute groundsfor desertion?
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If my wife has refused to sleep with me for months, does thatconstitute groundsfor desertion?
My wife of 22 years (1 child 16 years old child in high school and 1 child 18 years old at college) says she does not love me anymore and is leaving. She has been sleeping in a separate room for 3 months. Now and she told me she was never going to be with me again and to get a lover.
Asked on December 31, 2011 under Family Law, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. Please confirm this information with an attorney in the Maryland area. I believe that in Maryland the courts allow you to live under the same roof and file for divorce based upon the fault ground of desertion if in fact you and your wife have been sleeping in separate bedrooms. Maryland refers to it as "constructive desertion." The specifics - how long that the situation has been going on, etc., - are best asked to an attorney in your area as I am sure that the time frame for allowing an absolute divorce based upon this ground is born out of case law rather than being specifically listed in the statutes. Good luck to you.
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