How Do I Prove Adultery?

(provided by Gimmel, Weiman, Ersek & Blomberg, P.A.)

To obtain a divorce on the grounds of adultery in Maryland, you must prove that your spouse had the "opportunity" and "disposition" to commit adultery.

"Opportunity" may be shown by your spouse spending time alone with a member of the opposite sex in a residence or hotel. "Disposition" may be shown by some public display of affection or intimate correspondence.

There are 2 defenses which may prevent a divorce based on adultery: condonation (forgiveness) or recrimination (adultery by the claiming spouse).

Adultery is a misdemeanor crime in Maryland. Therefore, a spouse has the right to plead the 5th Amendment and refuse to answer questions about adultery. In such event, the Court may infer that the adultery occurred.

Unlike other grounds for divorce, adultery is a ground that allows for an immediate divorce, without any minimum period of separation required.

Information provided by:

Gimmel, Weiman, Ersek & Blomberg, P.A. located at

http://www.yourdivorcelawyers.com/

Go to: Maryland Articles and Resources

What Are Grounds For Divorce?

(provided by Gimmel, Weiman, Ersek & Blomberg, P.A.)

In Maryland, there are 8 grounds for divorce: adultery; desertion for 12 continuous months; voluntary separation for 12 continuous months; two-year separation; conviction of a felony or misdemeanor with incarceration for at least 1 year under a sentence of 3 or more years; insanity, with the spouse institutionalized for at least 3 years and the insanity is incurable; cruelty of treatment; or excessively vicious conduct.

To be "separated", spouses must live in separate residences. The separation is interrupted if spouses have sexual relations with one another, resume living together, or even spend one night together under the same roof, regardless of whether or not they sleep in separate bedrooms.

Information provided by:
Gimmel, Weiman, Ersek & Blomberg, P.A. located at
http://www.yourdivorcelawyers.com/

Go to: Maryland Articles and Resources