So I'm trying to understand Maryland law when it comes to living with a spouse and getting a divorce. I went to get a free consultation with a family attorney and was told that in Maryland I cannot divorce my spouse without moving out of the household. I've read that moving out puts me at a disadvantage, especially when it comes to custody of our young daughter. My daughter has a disability and will need to be cared for the rest of her life, I don't want to simply move out.

My wife tends to "work late" and I even caught her with condoms in her purse. Her excuse was at first it was for us as a just in case...even though we were trying for a second child. What got her caught up was that last week while we were driving her car I saw a t3xt message come through the car infotainment screen from a guy I didn't know....talking about how he enjoyed oral with her the night before (much more graphic than that).

This was a night in which she was "working late" at the law office, so I confronted her and after denying and coming up with stories she finally admitted that she was sleeping with a co-worker. She of course blamed me, saying I don't spend time with her and we don't have sex as often...which we don't. She won't say how long but I suspect 3 years since she started the late nights. Probably because of the time we have to spend with our daughters special needs.

Either way, I can't stay in this relationship even though she says that she refuses to sign or agree to a mutual divorce. I'm discouraged that the attorney basically said she can't help me until I move out...and I do not want to just move out without establishing care for my daughter nor do I want to give my wife an advantage in the potential custody question.

Anyone got suggestions? Or been through a divorce in MD in the same household? I've read that it was possible in Maryland to do so, though I was told that wasn't possible.