Adultery is a valid legal ground for divorce in Montgomery County, and citing it as a cause for marriage dissolution allows the parties to continue living in the same house while the case is pending. Infidelity is still defined in Maryland as sexual intercourse between a man and a woman.
The petitioner for divorce has to prove that their spouse had an opportunity and inclination to commit adultery without their knowledge or permission. The opposing party may deny the extramarital relationship and/or argue that it was condoned and that the claim was filed as recrimination. Reach out to an experienced divorce lawyer today.
Filing for Divorce Based on Infidelity
In Montgomery County, a person can file for divorce based on several fault grounds, including adultery. Filing for divorce based on infidelity requires the petitioner to meet certain requirements.
For example, they have to state the proper law they are operating under and allege that their spouse was unfaithful without their knowledge or permission. For this reason, it could be substantially beneficial to seek the help and assistance of an accomplished lawyer when filing a Montgomery County infidelity divorce.
Adultery and Custody
The judge or magistrate in any particular case has a great deal of discretion and equity in the best interest of any involved children. A common misconception is that one party’s infidelity may give the other spouse leverage in a custody case. Most likely, adultery would not have an impact on child custody, unless the allegations of infidelity directly involve the minor children.
How to Prove a Spouse’s Unfaithfulness
One of the easiest ways to prove adultery in a Montgomery County divorce would be to subpoena the paramour into court and have them testify that he or she is having sexual intercourse with the petitioner’s spouse. That would be a very direct way to establish the legitimacy of their legal grounds for marriage dissolution.
Social media posts from the spouse committing adultery or paramour can also be used to demonstrate the party’s unfaithfulness. Additionally, any text or written communication which indicates a romantic relationship between the two people could also be admissible evidence.
Unless there is direct evidence of the adultery, an aggrieved spouse also has to prove that there was an opportunity for their spouse to commit the adulterous act. Pictures taken by a detective that show the two people going into a hotel and subsequently leaving together the next morning may be sufficient proof.
Witness testimony from people who saw them together in a romantic way or even bank records showing that there were gifts, trips, or vacations could also validate a petitioner’s claims of spousal infidelity. Filing for divorce based on adultery is a long process, and many parties end up proceeding on no-fault grounds such as a 12-month separation after all the dust settles as an easier way to resolve the case.
The Role of Mediation, Arbitration, and Litigation in a Montgomery County Adultery Divorce
The courts will require parties to a Montgomery County adultery divorce to go to mediation and alternative dispute resolutions unless one of the parties is conflicted out due to a protective order. If someone is already filing for divorce, their marriage is over, and a judge will be left to pick up the pieces.
The tribunal prefers when both the parties can decide on their own what is most important to them and fashion a creative resolution to the end of their marriage, even while litigation is going on. For help with navigating through this tumultuous legal process, call our family law attorneys today.