Adultery is a fault-based justification for divorce in Maryland. Furthermore, if one of the couples proves that their partner is or has committed adultery then there will be no waiting period for the separation because the court of law will allow immediate separation. In Maryland adultery is usually defined as a married individual committing sexual intercourse with an individual who is not their spouse. However, simply stating in court that their spouse has committed adultery will not be enough for the court as evidence, thus while a spouse is not required to have personally seen the actual sexual intercourse being committed, they do have to establish proof of adultery committed by their spouse in form of adulterous opportunity as in they have to show evidence of their spouse entering the non-spouse`s home or any other place (such as a hotel) together at certain lengths of time. Moreover, they also have to establish proof of adultery in the form of adulterous dispositions committed by their spouse as in they have to show evidence that their spouse was seen performing signs of affection such as hugging the non-spouse, holding hand with the non-spouse and kissing the non-spouse. Additionally, the accusatory spouse has to also provide evidence of infidelity committed by their partner in form of photos, emails and text messages among others, because as stated before just telling the court that their partner committed infidelity will not be enough to use infidelity as a ground for divorce. Moreover, if the court finds out in its investigation to the allegation or the accusing spouse provides proof that their partner has children born from committing sexual intercourse with a non-spouse(s), then the rest of the needed evidence such as photos, text-messages among all the other mentioned confirmations will be irrelevant because having children born out of wedlock is a clear-cut confirmation of committing adultery. Moreover, when it comes to cases of infidelity in same-sex marriages, the state of Maryland still does not have actual clear laws implemented. But there were recent suggestions about how made by the Attorney General of the State of Maryland that unfaithfulness in same-sex marriages should also be included in the current laws.
What is more, when trying to achieve divorce with fault-based grounds such as infidelity, then there will be benefits and drawbacks because this can have effects on other parts of the divorce such as child custody and Alimony, for that reason its import to speak with a lawyer before making any hasty decisions.
On the topic of Alimony and adultery, the state of Maryland doesn’t stop individuals from obtaining alimony in adultery based divorces. This is due to the Maryland judge`s ability to only choose to whether or not provide you with alimony. However, Maryland judges cannot stop either partner from looking for alimony due to adulterous misconduct from the guilty partner. Overall, in the case of granting alimony, the judge can only grant alimony if the guilty spouse affected the finances of the spouse is seeking support such as the guilty party paying for hotel rooms for adulterous affairs with the life savings of their spouse.
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. B