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Can My Spouse Let His or Her New Partner Move in to Our Home While Separated?


When two people get divorced, there are usually a number of things that represent significant sources of contention. One of the worst things you can possibly do in a divorce case is start dating again during the divorce. Further, in Maryland, you are technically not allowed to begin dating until you are divorced. Keep in mind that if your ex begins having an intimate relationship with someone while you are legally separated (but still married), then it is considered adultery. Moving a new partner into your home would be strong evidence of an adulterous relationship.

That said, when there are children involved, it is even more emotionally explosive to move a boyfriend or girlfriend into the family home where the children live. There are many reasons why this is unwise and just plain antagonistic. Not to mention, the judge is not going to approve of this sort of behavior while you are still married.

Don’t Overreact 

Step 1 is not to overreact. You are probably angry and justifiably humiliated because someone else is being allowed to live in your home around your children. Talk to friends, build a support network, but do not let your anger create a situation where you make things worse. Next, call a Maryland divorce lawyer right away.

The Law Looks Out For Children First 

When looking at the situation, try your best to focus on the safety and welfare of your children. Does the person have a criminal record? Is he or she a registered sex offender? Has he or she demonstrated any violent or inappropriate behavior toward your children?

If you answer yes to any of these questions, you should immediately contact an aggressive Maryland family law attorney to bring an action in court for temporary custody of your children. Courts are required to put the best interests of the children first. If your children are being forced to live under a roof with a sex offender or someone who otherwise endangers them, you have a strong case for getting a court order for custody.

If there are no apparent threats to your children’s safety, you should work with an attorney to determine if the divorce action is being properly addressed under grounds. Some people initially file for divorce without grounds and are required to be separated for 1 year.  But if you can prove that your spouse is now committing adultery, you may be able to move forward with your divorce much quicker. The court will also consider what kind of emotional impact your ex’s adulterous dating behavior is having on the children.

Why an Attorney Can Help 

Nothing is automatic in court. A judge does not know you or your spouse. You are complete strangers. In the judge’s mind, you are two people who don’t care for each other who are fighting. The judge has no idea what is going on unless someone files a proper legal document putting the matter in front of the court. Most self-represented litigants have a hard time distinguishing between what is relevant and what is just irritating.  Things you may think are highly important, may not be in terms of the law. Things that the law considers extremely crucial may be unimportant to you.

An experienced attorney who regularly appears before the judge will have a much better chance of arguing your case. If you are worried about your divorce case or are facing a bitter dispute over custody, child support, or issues involving your spouse’s conduct during separation, call the Law Offices of Todd K. Mohink, P.A. today.


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