Adultery (Maryland)? -- His wife is out of the country, through deportation

[agarrin]

I am currently dating a man whose wife abandoned him over 4 years ago. He attempted to divorce her before he met me but, with his limited legal assistance and knowledge, failed. Now, he is finally at the end of a 2 year, uncontested, missing spouse divorce and needs a witness to say that he has had no contact with her. We have been living together for almost 3 years so I could provide that testimony. However, wouldn't my presence prove that he he has been adulterous since he has legally been married all of this time? And if so, wouldn't such a fact damage and ultimately prolong his case? Any help on this would be much appreciated.
(btw, this is all happening in Maryland; his wife is out of the country, through deportation, and in all likelihood will not return)

[Lexus]

In this if the opposite party is not responding to the case filed for divorce, the court will issue notice to the opposite party to appear before court and after a reasonable time if the opposite party failed to appear before the court, an exparte order will be issued.

[Friend In Court]

Originally Posted by agarrin I am currently dating a man whose wife abandoned him over 4 years ago. He attempted to divorce her before he met me but, with his limited legal assistance and knowledge, failed. Now, he is finally at the end of a 2 year, uncontested, missing spouse divorce and needs a witness to say that he has had no contact with her. We have been living together for almost 3 years so I could provide that testimony. However, wouldn't my presence prove that he he has been adulterous since he has legally been married all of this time? And if so, wouldn't such a fact damage and ultimately prolong his case? Any help on this would be much appreciated. (btw, this is all happening in Maryland; his wife is out of the country, through deportation, and in all likelihood will not return)

Maryland has adopted no fault divorce so fidelity or adultery is not an issue and would not prejudice him for divorce.

He can obtain a divorce by publication if her whereabouts are unknown. That is what he will need to swear to the court in order to obtain permission to serve by publication, that her whereabouts are unknown.

Ending the marriage status has been made relatively easy. You did not state what the impediments were before, but all he has to do is file the petition, apply for permission to serve by publication, swearing her whereabouts are unknown, publish in one of the newspapers that is approved for legal notices, for the prescribed period of time, then if she does not answer, apply to the court by motion for the final decree of divorce (dissolution).

[agarrin]

Thanks for the quick responses!

He has already gone through the publication thing (notice of intent to divorce was posted in the courthouse for 30 days) and now he has a court date set for April 26th. I assume this is the last step in everything, aside from a 10 day waiting period after the court date.

You said that in this case and in Maryland our relationship wouldn't be a problem, but would I be an appropriate witness? There's no way I can be impartial or unbiased, even though I have no intention of lying (there's no need, his wife really has been gone for years).