The Consequences of Adultery on Divorce in Maryland
Legal Eye Investigations, LLC
"An undiscovered lie becomes the truth, know the facts."
Discovering that one's spouse has been unfaithful in a marriage is undoubtedly a deeply distressing experience, evoking a wide range of emotions, from anger and frustration to profound pain. It typically shatters trust and often complicates communication when determining the next steps in the relationship after one has been wronged by an adulterous spouse. For many, the revelation of a cheating spouse marks the beginning of the end of a marriage, and the process of navigating what comes next can be a daunting challenge. You might be curious about how adultery affects the divorce process and whether infidelity alone is sufficient grounds for divorce.
Grounds for Divorce in Maryland
Maryland distinguishes itself from most states by allowing divorce to be pursued on either "no-fault" or "fault" grounds. These grounds are specified in the initial Complaint filed when initiating divorce proceedings. Some grounds necessitate a specific waiting period before a divorce decree can be granted, while others do not require such a delay.
When a "fault" ground, such as adultery, is alleged, it can have implications for various aspects of the divorce, including alimony and child custody. In terms of alimony, a fault ground is among the factors considered by the court when determining whether one party should pay alimony to the other. For child custody, a fault ground may come into play if the specific fault is detrimental to the child or directly impacts their best interests.
Fault Grounds
In cases involving fault grounds, the party making the allegations must provide evidence of the alleged wrongdoing. There is no specific timeframe that the fault ground must cover to qualify as grounds for divorce. Common fault grounds in Maryland include:
No Fault Grounds
No-fault grounds require a separation period of twelve (12) months before a divorce decree can be granted. During this time, the parties must live separately and apart, without cohabitation or hope of reconciliation, for a continuous twelve (12) month period. Cohabitation encompasses both living together and engaging in sexual relations.
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Another type of no-fault ground is mutual consent. If both parties agree to a mutual consent divorce, the 12-month waiting period is not required, and neither party needs to prove any fault ground. Typically, a mutual consent divorce filing includes a settlement agreement outlining the agreed-upon terms between the parties.
Proving Adultery
Adultery is considered a "fault" ground, and there is no specified waiting period for filing for divorce based on adultery in Maryland. Under state law, adultery is defined as "voluntary intercourse between a married person and a person other than their spouse." To prove adultery, it is not necessary to demonstrate the actual intercourse itself. Instead, it must be shown that the offending party had both the "disposition" and "opportunity" for extramarital intercourse.
Disposition can be established with evidence such as holding hands, hugging, kissing, or public displays of affection.
Opportunity can be substantiated with evidence such as the spouse entering and exiting the home of the non-spouse on an evening when they would typically be at home.
Adultery must be proven with extrinsic evidence, meaning that the admission of the offending spouse alone is insufficient. Gathering and presenting extrinsic evidence can make proving adultery a challenging task.
Defenses to Adultery
If a fault ground like adultery is alleged, the accused party has available defenses that, if proven, could prevent the court from granting a divorce. These defenses are condonation and recrimination:
Condonation: This defense asserts that the other spouse condoned or forgave the adulterous act.
Recrimination: This defense argues that the other spouse's behavior was also inappropriate and rises to the level of a fault ground, effectively canceling out each party's alleged wrongdoing.