Adultery, also known as infidelity, is described as the action of having sexual intercourse between a married individual and a person which isn’t the individual’s husband or wife. It does not include the use of force or oral sex, it is the action of having sexual intercourse voluntarily. If you have come to the unfortunate conclusion that your marriage is basically over due to adultery, then you might ask yourself what role adultery has in Maryland’s divorce laws and how can you prove it. Adultery is considered as a ground in absolute divorce cases, more alimony will be paid for proved adultery, and custody of children is influenced.
Proving infidelity is not an easy task and it is very complex. A professional detective must be hired to gather evidence concerning the affair. If your partner is open about the infidelity, then you do not need to prove it. However, a confession is not enough for the judge, and you need to have a familiar friend or a relative that can give the witness. A good and experienced dissolution of marriage lawyer in Maryland knows how to collect and present this evidence in court. However, when it comes to alimony, the judge will choose if he or she should consider infidelity, but the judge could not say that your spouse is denied to receive alimony because of affair.
Condonation, in reference to Maryland’s divorce law, is the action of forgiving a reason for divorce. If the infidelity is condoned, it could not be used as divorce grounds. However, if your spouse continues the affair even after the condonation, then a divorce can be filed based on the infidelity grounds.
To get a divorce that is based on infidelity, you have to prove that your husband or wife had the opportunity and disposition to commit the affair. Opportunity refers to the proof that your spouse had the chance to execute the infidelity by spending time alone with another person in a hotel or residence. Disposition refers to the evidence that your spouse has displayed public affection or public intimate correspondence. These two offenses are enough to prove that your spouse has committed infidelity. Adultery in Maryland is considered to be a crime. You have the right to refuse to answer questions about the infidelity and you also have the right to plead the court. Unlike other grounds, infidelity gives a chance to immediately dissolution of marriage.
Besides allowing you to go after a divorce in a shorter amount of time, affair could affect the custody of the children. If the children were hurt by the infidelity, that would be a strong case against your wife or husband to receive child custody in Maryland.
In conclusion, adultery is an awful and painful action, therefore, Maryland law considers it as a ground for immediate divorce. Adultery doesn’t always mean that the marriage is over, but if you have the feeling that it is time to start the divorce process, a Maryland divorce lawyer will help you with your case because proving adultery is not easy. Only a divorce attorney knows how to get the evidence and can also verify that your facts are suitable to present to the court.
If you need a Maryland Adultery Lawyer to help you with your Adultery case in Maryland, call us at 888-437-7747. Our Maryland Adultery Attorneys can help you.