If my wife has refused to sleep with me for months, does thatconstitute groundsfor desertion?

UPDATED: Dec 31, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 31, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption