burden of proof???

[angieb888]

What is the name of your state?Maryland

My boyfriend and I live together. He is not yet divorced....she is actually just now filing this week sometime. He has been living with me since May 4th, 2005, but she is not filing adultery against him. Instead she is claiming they had sex a month ago and is using that date as the start of their seperation. Does she need to prove that they had sexual intercourse or will the court just go on her word alone. She is only using that date so we will have to change our plans to marry in 2007. She wants us to have to wait two years from September 2005 until they are divorced. I keep insisting either way it is ONE year seperation. Please help us get the record straight!! Does she have the burden of proof or will they just take her word and if they do use her date is it one year from then or two? They have had different addresses for over two years now.

 

[LdiJ]

What is the name of your state?Maryland

My boyfriend and I live together. He is not yet divorced....she is actually just now filing this week sometime. He has been living with me since May 4th, 2005, but she is not filing adultery against him. Instead she is claiming they had sex a month ago and is using that date as the start of their seperation. Does she need to prove that they had sexual intercourse or will the court just go on her word alone. She is only using that date so we will have to change our plans to marry in 2007. She wants us to have to wait two years from September 2005 until they are divorced. I keep insisting either way it is ONE year seperation. Please help us get the record straight!! Does she have the burden of proof or will they just take her word and if they do use her date is it one year from then or two? They have had different addresses for over two years now.

I just read over the Maryland laws regarding separation. They are far too lengthy to post here.

Basically, Maryland has two defined, required lengths of separation. The predominant one is 12 months in a voluntary separation. However that basically requires both parties to have more or less agreed to be separated.

The other period is 2 years, and that is more or less involuntary.

I think that you boyfriend should consult an attorney. If they have been living apart for two years now, and he can prove that...then he may be eligible to get divorced now, without any wait at all. He certainly doesn't need to allow her to control things.

 

[angieb888]

Will it matter that she is saying they have been intimate so recently? Or will she have to prove that with more than just her word. She is a very unstable person. It is so expensive to hire an attorney and we do not have the money even though we are pretty sure she did get one to file her paperwork for her. She is now telling us she wants us to have their two children every weekend which is impossible for us since I work and he will be getting a second job too pay for a car. So I guess I am adding another question:

1. Will she have to prove they were intimate if she does intend to use a more recent date?

2. Can she demand he takes the children every weekend? ( we would love to have them but we just have no way right now )

Thanks for listening.....

 

[LdiJ]

Will it matter that she is saying they have been intimate so recently? Or will she have to prove that with more than just her word. She is a very unstable person. It is so expensive to hire an attorney and we do not have the money even though we are pretty sure she did get one to file her paperwork for her. She is now telling us she wants us to have their two children every weekend which is impossible for us since I work and he will be getting a second job too pay for a car. So I guess I am adding another question:

1. Will she have to prove they were intimate if she does intend to use a more recent date?

2. Can she demand he takes the children every weekend? ( we would love to have them but we just have no way right now )

Thanks for listening.....

The Maryland statutes are vague when it comes to things like whether or not they have been intimate. They consistantly state "and no hope of reconciliation"...I certainly think that if your boyfriend were to challenge her on that issue that she would have to prove something...particularly if he can prove that they have lived apart.

No, she can't demand that he take the children every weekend. However...a judge would certainly question WHY a father wouldn't want to have his children every weekend. The fact that you work is completely irrelevant.

 

[seniorjudge]

Adultery creates a lot of problems.

 

[angieb888]

Unfortunatly we would have no daycare. And definately no money to hire someone to watch them. We would love to have them FULL time. We just can't afford to pay the child support he will owe and then also pay for daycare on the weekends that we are not originally budgeted to have them. He is a great dad and loves being with his children but they have had this arrangement for almost a year now and she is changing it to be spiteful only. If we thought it was in the best interest of the children to fight for full custody we would. However...they are in a good school and they are happy where they are.

Anyway, I am babbling in our defense which is not the issue. Thank you for your quick responses.