The state of being wed is legally and statutorily referred to as the marriage contract for a good reason--because there are any number of ways in which the contract can be broken. While adultery is considered a breach of the marital contract--and a legal ground for divorce in almost all states--very few states have laws on the books that permit courts to consider an adulterous spouse's acts in the outcome of a divorce with respect to spousal support and child custody. The state of Maryland still has what are known as adultery laws that afford relief to innocent spouses who file for divorce on those grounds.
Adultery: Grounds for Absolute Divorce
In Maryland, if one spouse files suit for divorce against the other, she may be in for a long wait. While state law permits a no-fault divorce, couples who agree to part ways must remain separated for at least 1 year before filing for divorce on no fault grounds. After 2 years apart, either spouse can get a divorce for any reason. But filing on certain grounds allows the petitioning spouse to have her case heard expeditiously--and one of these grounds is if she claims that her husband is engaged in an adulterous relationship (the other is on grounds of cruelty).
How Maryland Defines Adultery
According to Maryland law, adultery is voluntary sexual intercourse between someone who is married and a person of the opposite sex other than the adulterer's spouse. The sexual act must involve penetration of the vagina by the penis, although it is not necessary to prove that the act was completed. What sexual acts are not considered adultery in the state of Maryland? Cunnilingus and fellatio, which fall under the definition of sodomy, per state law. Neither act is considered adultery for purposes of filing for a divorce.
Proving Adultery to the Court
When it comes to proving adultery during divorce, there's no need for a spouse to catch his wife doing the deed--circumstantial evidence suffices. The injured spouse need only prove that his wife and her lover were inclined to commit adultery and had opportunity to do so; and that they were both together at a time and place that afforded them a very personal t#xEA;te-#xE0;-t#xEA;te. Public displays of affection between the illicit lovers--hand-holding and kissing--provide evidence of inclination, while proving that the lovers entered a hotel together shows opportunity. Savvy spouses who mean business in the courtroom hire an objective third party--a private investigator--to provide evidence of a spouse's affair.
Adultery: The Possible Outcome
An adulterous spouse who gets caught with his pants down in Maryland risks his financial status and his children's company. In this state, adultery may be a factor that persuades the court to award an injured spouse alimony. Additionally, it can also be considered when awarding custody of a couple's children if the court determines that the adulterous affair had a harmful affect on his well-being.
Naming a Co-Respondent
In Maryland, it's possible for an injured spouse to name the other man (or other woman) as a co-respondent in a divorce suit. The co-respondent must hire legal counsel and respond to the complaint. Other than publicly humiliating the other party, this rarely gives the suing spouse any advantages.
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