When obtaining a divorce on grounds of adultery, you do not need a separation period, but rather can file in court immediately. We are often asked, though, how can one prove his or her spouse committed adultery and whether an admission by the spouse is enough to obtain a divorce immediately.
Adultery and Divorce in Maryland
In order to prove adultery, you must show opportunity and disposition through the introduction of circumstantial evidence, or evidence that allows an inference or presumption that the event occurred. An example of such an opportunity might be your spouse entering someone’s apartment late at night and not leaving until the next morning, while disposition could be a photograph of your spouse holding hands with that same person.
Furthermore, Maryland law requires corroboration of the testimony presented, as you cannot obtain a divorce simply based on your testimony and your spouse’s testimony. Unfortunately, a spouse who admits adultery and agrees to go forward with an uncontested divorce cannot simply have the other spouse provide the corroboration the court needs in order to grant the divorce. If such behavior were allowed, two parties who want to divorce immediately may simply agree to grounds that would allow the divorce to happen right away.
Instead, the corroboration of a third party witness to prove the adultery occurred is required. Many times this corroboration is in the form of testimony by the spouse’s paramour or the testimony of a private investigator who saw the parties enter an apartment or hotel and not leave until the next morning.
Once the court is satisfied that the evidence shows adultery was committed, with or without the spouse admitting his or her indiscretion, the parties can obtain a divorce on the grounds of adultery.
Need Help Proving Adultery for a Divorce in Maryland?
The attorneys at Andalman & Flynn handle a wide range of complex family law issues, including matters related to adultery and divorce, for our clients throughout Maryland. Please schedule a consultation today so our attorneys can evaluate your case in order to best protect your interests.