Friday, June 29, 2007

Adultery and Proof

I received a call yesterday from a women who wanted a quick divorce. Her husband was willing to admit his adultery and that was the only proof she had. They were prepared with a settlement agreement and now wanted the divorce after only a three week separation. Her question "Can I file now and get the divorce?" Her answer like so many others, maybe. But in this case probably not. In Maryland to divorce on adultery you need to prove predisposition (public affection, generally) and opportunity (lovers in seclusion for a sufficient period of time to do the act). You can get the divorce on the offending parties admission (I did it), only when the case is hotly contested. The admission is evidence in every case. But grounds must be corroborated. An admission such as this can not be the only evidence of the grounds unless the case is hotly contested. In her situation the case was not contested at all. In fact everyone was in agreement and even had the separation agreement signed to prove it. Unfortunately she would have to wait the one year.