when you should file for seperation & support

married in Maryland?
My husband and I just recently split up but did not file( 3 weeks) I caught him cheating , the affair was for approx. 9 mo. ended only after I caught him. I thought maybe we could work things out so I didn"t kick him out (married 16 years) right away, but I found I really was having trust issues and couldn"t live with someone I didn't trust. The lawyer I spoke to said I couldn"t get him for adultery because I took him back after the affair is this true? I don't understand I get penalized because I don't want to throw away a 16 year marriage, and really want to make sure of what I was doing, I have 2 children to think about also 16 & 12 I was really floored by this whole affair thing.So my question is when is the proper amount of time passed to file for seperation (he's only been gone for 3 weeks). He still wants to work things out I think, but not possible without him getting some kind of councelling, and he hasn't even shown signs of wanting to go there.

[ALawyer]

A reconcillation often is the end to adultry grounds, but as most states do not require "fault" and allow a couple to split regardless of grounds, you should tell your lawyer you want to end the marriage - IF YOU REALLY DO. Also, don't try to poison the kids' or have them take sides -- try to keep the relationship civil for the sake of the kids as otherwise it always hurts them far more than you. Whether you want to end it or not, ou probably could use some counselling for your own sake.

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