Baltimore County & Towson Divorce Lawyer | Grounds For Divorce | Adultery.
Aggressive Baltimore County Divorce & Adultery Lawyer.
Adultery involves a married person having sexual intercourse with somebody who is not their spouse. It is considered a crime against marriage and creates grounds for an immediate divorce, meaning if adultery is established there need not be any written agreement or waiting period. Adultery can occur from the date of marriage through the date of separation. There is nothing about being "separated" that can stop you or your spouse from committing adultery. The only question is whether you were married at the time.
Establishing Adultery As a Grounds for Absolute Divorce Under Maryland Family Law.
In my experience, most people misunderstand the standard of proof for adultery. They think "written evidence" or a recording of the adulterous couple is necessary when, truth be told, that is not necessary. The standard of evidence for adultery is by a preponderance of the evidence, meaning "more likely than not" or 50.1%. Compare that to "beyond a reasonable doubt which is more like 99%. To establish adultery as a grounds for absolute divorce in the State of Maryland, two things must be established as a matter of evidence:
- The opportunity to commit adultery, like establishing the couple spent the night in the same house.
- The inclination to commit adultery, evidenced by something like a dozen roses, two people holding hands, seeing two people hold hands. There must be public display of affection or indifference to the propriety observed by others.
The person alleging adultery has to prove adultery by a preponderance of the evidence. It is not like adultery needs to be proved "beyond a reasonable doubt." It is not necessary to establish the exact time and date of the adultery. It is necessary to have corroborating evidence of the adultery. If the Plaintiff alleges there was adultery and the Defendant admits the adultery in the answer, that is not enough. The Court must have independent evidence corroborating the adultery, like a witness, a photograph, or a text message. By law, adultery may be proved through circumstantial evidence. The corroborating evidence, however, can be circumstantial evidence.
Adultery Has Nothing To Do With Separation.
If somebody tells you that adultery cannot occur after a married couple have separated, you should never believe a thing that person says about divorce ever again--write them off as ignorant. The truth is that adultery must occur (1) after the wedding and (2) before the court grants a Judgment of Absolute Divorce. If you and your spouse have been separated for decades, both of you can still commit adultery. How much it matters is another question altogether.
Call to Speak with Towson Divorce Lawyer Amar S. Weisman.
Please Call (410) 321-4994 to schedule a free consultation. The purpose of the consultation is to decide whether you want to hire Amar S. Weisman. To obtain legal services, you must pay a retainer, see policy on fees and costs. The Baltimore County family law firm is next t the Circuit Court for Baltimore County. We are located at 305 Allegheny Avenue, Towson, MD, 21204. We represent clients throughout the Baltimore area including Aberdeen. Abingdon, Bel Air, Bowleys Quarters, Catonsville, Cockeysville, Edgewood, Essex, Lutherville, Owings Mills, Parkville, Perry Hall, Rosedale, Sparrows Point, Timonium, Towson, Westminster and White Marsh.