One of the fault-based justifications for divorce in Maryland is Adultery, moreover, if one of the involved parties proves that their spouse has committed adultery then there is no waiting period for divorce, the court will grant it immediately. In order to demonstrate adultery in a court, the individual doesn’t need to have witnessed the actual intercourse but needs to show that their spouse had the opportunity for adultery such as proving their spouse entered the non-spouses place of residence at a certain time and they have to prove their spouse committed adulterous dispositions such as kissing, hugging or even hand-holding with the non-spouse. Moreover, the individual needs to showcase evidence to adultery committed by their spouse in the court such as emails, text messages, photos among others because simply stating that their spouse committed adultery is not enough in court. Likewise, if it is found that the guilty spouse has children born out of wedlock, then all other evidence is irrelevant because this is a clear proof of infidelity. In regards adultery in same-sex divorces, Maryland does not have fully clear laws yet however, the Attorney General of the State of Maryland has recently issued suggestions that adulterous sexual infidelity in gay couples should also be include in the state laws
Furthermore, there are both advantages and disadvantages to show fault-based justifications such as adultery and this can seriously impact any other part of a persons divorce, for example, Alimony and child custody, thus it is imperative that you talk with an attorney before go through any plans.
Regarding alimony, Maryland does not prevent the procurement of alimony in divorces based on adultery. Because while a Maryland Judge can choose whether or not to grant you a divorce based on adultery, they cannot prohibited either spouses from seeking alimony due to adulterous conduct. Moreover, on the decision of alimony judges can consider fault in regards to adultery only if it affected the financial needs of the spouse requesting alimony. For example, the guilty party may have used the couple’s life savings to pay for any adulterous activities such as paying for hotel rooms and gifts among others.
For that reason, the courts of Maryland have to apply the standard statutory requirements for alimony cases to regulate the length of time for the alimony along with the amount of money to be paid regardless if adultery was the reason for divorce. As such in order to grant alimony to a spouse, the judge has to take into account all the necessary factors to decide reasonable and just alimony. Some of these factors include:
- The necessary time for the supported partner to receive either training or education in order to find employment.
- The spouse’s ability to seek alimony whether it’s whole or limited due to self-support
- The capability of the paying party to meet their needs on top of meeting the supported partner’s needs.
- The extent of their marriage
- The mental and physical form of each partner
- The age of each partner
- The situations that led to the separation of the partners, and
- The level of contributions of each partner committed to the well-being of their family, this includes both monetary and nonmonetary.
If you need a Maryland Divorce Lawyer to help you with your divorce case in Maryland, call us at 888-437-7747. Our Maryland divorce attorneys can help you. B