Category Archives: Adultery

Sexual relations with person who is not spouse. Proof is disposition and opportunity. Most common grounds for divorce. Recrimination condonation

How Can I Prove Adultery In Maryland?

How Can I Prove Adultery Or Grounds For Divorce In Maryland?

How can I prove adultery?

In an absolute divorce, provided for in Maryland Family Law Section 7-103, a plaintiff must prove his/her entitlement to an absolute divorce and this is known as “grounds.”  The grounds must be satisfied before anyone can get something out of their divorce (alimony, property, money etc.) Those entitlements or requests such as alimony are called “claims for relief”  and can only be requested if “grounds” are proven.

As to statistics, the vast majority of Maryland divorces are granted on the grounds of voluntary separation; this is followed a distant second by the grounds of adultery.  Yet the cold statistics ignore the fact that most separations begin with adultery and somewhere along the line to the big D, everybody just says: “we are separated so let’s be done with it.

So, the root cause is/was adultery but the state reported data available to the public suggests “voluntary.”

In a recent case I encountered in the Howard County Circuit Court, the Defendant had elected to stipulate to having committed an adultery so he did not have to wait a year to obtain a divorce.  The Parties had lived in Highland Estates and thus the case was tried in Ellicott City.

When the Judge inquired as to the grounds for divorce, while agreed upon, nobody had direct evidence of the adultery outside their respective agreement there had been an adultery.

Thus the parties had to go back to the drawing board, re-file and get another court date in Ellicott City.  Had either of them had evidence of the adultery, they would have been divorced by the Howard County Court then and there.

The net result of single minded insistence upon the adultery took longer than a year which was not what either party had wanted by the  time they got to court.  Had either party had any proof of disposition or opportunity as spelled out in a previous article “How do you prove adultery in a Maryland Divorce Case?” they could have been divorced then and there.

It’s important to reiterate they AGREED there had been an adultery and both told that to the judge.  Yet because they came without “corroboration” the judge’s hands were tied.  Back to square one, YIKES!
Tim Conlon Esquire at

The Divorce Place

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Adultery Jurisdiction in Carroll County Maryland Divorce

In Carroll County Maryland we freely cross over the Pennsylvania border to work everyday. Sometimes Pennsylvania residents cross into Maryland to work, see friends shop, and yes sometimes to commit adultery in Taneytown, Union Bridge, Keymar and Westminster. In a Maryland divorce the residency requirement can be trumped or negated by the commission of adultery.… Continue Reading

Adultery – From The Woman’s Perspective

I am back again in an effort to present a divorce topic from a woman’s point of view. I am requested to discuss women’s perspectives on adultery. I will endeavor to share some research and observations on the subject. I previously authored an article wherein I confessed no ability whatsoever to discuss things from a… Continue Reading

Adultery: What Proof Do I Need?

Proving that your spouse has committed adultery is easier than you think. I have previously discussed that a divorce is a civil lawsuit, just like a lawsuit for someone injured in an auto accident.  It must be understood in that context.  Like any other suit you have a “Plaintiff” and a “Defendant.”  The Plaintiff  in… Continue Reading

Adultery Is a Crime in Frederick Maryland

Adultery is a Crime Committed When a Married Person Has Sexual Intercourse With a Person Who is Not His/Her Spouse. There is potential criminal prosecution and/or criminal penalties surrounding adultery in many states. These criminal penalties, and the statutes that surround them, range in both the definition of adultery and the potential penalty for the… Continue Reading

Facebook, Divorce and Custody Cases

The rise of social media including Facebook, YouTube, Twitter and the like have had an impact on the way Frederick custody and divorce lawyers present cases and the way cases present themselves to us. Prior to social media, divorce and custody lawyers collected information about the other side by use of conventional discovery, witnesses private… Continue Reading