Tuesday, June 30, 2009

Adultery as a Ground for Divorce in Maryland

Adultery is voluntary sexual intercourse between a married party and someone other than the spouse of the married party. The aggrieved spouse may file for an absolute divorce immediately on the ground of adultery without waiting for any separation time period to expire. Adultery is difficult to prove because of its private nature, so circumstantial evidence is permissible. This circumstantial evidence must show BOTH opportunity on the part of the defendant and paramour to commit adultery AND disposition to commit the adultery. An example of disposition is public displays of affection between the paramour and the defendant.

1 comment:

Adam said...

If my wife admits to me, and is willing to admit on an affidavit, that she is having sexual relations with another man, is it safe to say that is more than enough proof for an immediate absolute divorce?

At this point, we are both (actually, I suppose all three of us if you include the loathsome third party) anxious to end this marriage and are not looking forward to a twelve month separation.