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This is what you need to know about adultery in Maryland

Many marriages are ended as a result of adultery. Adultery is strictly defined as having voluntary sexual intercourse with someone who is not your spouse while you're married. Adultery can ruin the trust between two people and result in hurt feels and an end to a marriage.

In the past, divorces could only happen with a good reason in mind. Adultery was one of them. Today, Maryland does recognize adultery as grounds for divorce. If you choose to pursue a divorce on the basis of adultery, you will not need to be separated voluntarily for two years before you file for divorce.

What counts as adultery in Maryland?

In some states, cunnilingus or fellatio both count as adultery, but that's not the case in Maryland. Instead, the law only recognizes sexual intercourse and penetration of a female organ by a male organ. The act does not need to be completed for adultery to be alleged or proved in court.

How can you prove adultery took place?

Most of the time, adultery cases are proven by showing that a spouse had the opportunity to commit adultery. Sufficient evidence may include public displays of affection that show that your spouse is predisposed to adulterous activities.

Does adultery affect the divorce?

Besides allowing you to file earlier and to pursue the divorce more quickly, adultery could potentially affect child custody. If your children were hurt as a result of the adultery, then that would be a strong case against your spouse receiving custody. Adultery won't necessarily affect how much you receive in alimony, if anything, but it will still be a factor considered by the court.

Maryland is a no-fault divorce state, which means that adultery doesn't have any outward penalties. You can still use it to your advantage to show the character of your spouse during proceedings.

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