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Baltimore County Family Law Attorney Blog

Baltimore & Towson Lawyer Discusses Adultery and Bigamy

Written by Amar Weisman » November 14, 2013 »

Some individuals may not realize that there are certain acts that, when committed, can be considered crimes against marriage. Your Baltimore and Towson family law attorney will tell you that two such acts are adultery and bigamy.

What is Adultery?

In a divorce case, an individual might cite adultery as the reason for the divorce. However, it is imperative for individuals to understand what adultery is and how it can be proven, particularly under Maryland law. Simply stated, adultery involves a married person having intercourse with another person to whom he or she is not married. What is important to keep in mind, though, is that if the spouse who has learned of the adultery continues to remain sexually active with the spouse who has committed adultery, the act will be deemed to have been forgiven.

Proving Adultery

Adultery is a misdemeanor offense in Maryland; however, it is hardly ever prosecuted. Although many men and women claim that they know their significant other is committing adultery based on a "gut feeling," that feeling will not suffice when claiming adultery for purposes of a divorce. Just about any Baltimore and Towson family law attorney will tell you that a spouse will need to have facts in order to prove adultery. Proving adultery can be a difficult task; however, it can be successfully done with the help of a skilled family law attorney who can assist with gathering the necessary evidence and building a solid case.

What is Bigamy?

Bigamy is illegal in the United States. The act of bigamy involves a person marrying an individual while he or she is already married to someone else who is still alive. Some people might not realize that in Maryland, bigamy is a felony that can result in an individual spending up to nine years in jail. Please note, however, that the laws regarding bigamy will not apply to individuals whose spouses have been gone for seven continuous years, and individuals who do not know where those spouses are living at the time of the new marriage.

In order for a person to remarry in the state of Maryland, an individual must be able to prove that he or she is legally divorced from all previous spouses. If the individual does not have sufficient legal proof of divorce prior to him or her getting married again, that individual could possibly face bigamy charges. Individuals should be aware that a conviction of bigamy will ultimately annul the later marriage.

Some people knowingly get into another marriage while still married to someone else; however, there are times when accidental bigamy can occur, such as when a person who is so anxious to marry the new individual that he or she fails to fully dissolve the first marriage as required. When that happens, individuals should bear in mind that the second marriage will be deemed to be null and void and it cannot ratified at a later time.

Anyone with questions or concerns about adultery and/or bigamy should contact a well-versed Baltimore and Towson family law attorney at the Law Offices of Amar Weisman, LLC.

Call (410) 321-4994 For a Free Consultation 

Call The Law Offices of Amar S. Weisman at (410) 321-4994 to schedule a Free ConsultationThe Purpose of the consultation is to determine whether you want to retain this law firm as your Baltimore County & Harford County Family Lawyer. If you do wish to proceed, then you must pay a retainer. See Our Policy on Fees and Costs. The family firm is located next to The Circuit Court for Baltimore County, at 1018 Dulaney Valley Road, Towson, MD 21204.