In Rockville, adultery is a valid ground for the dissolution of a marriage. This is a common reason for marriages to come to an end, as many spouses will never accept an act of infidelity.
Before you enter into litigation over the dissolution of a marriage, seek the guidance of a dedicated divorce attorney. It is vital that you protect your legal rights when pursuing a divorce from an unfaithful spouse. The right attorney can ensure your rights are protected during a Rockville adultery divorce.
The Process of Filing for Divorce due to Adultery
Maryland State law provides a number of grounds for divorce. One of those grounds is adultery. This process begins with a Rockville resident or their attorney filing a petition for divorce based on adultery. These petition usually outlines the general allegations that the other spouse was unfaithful, that the filing spouse did not consent to the sexual relationship outside of the marriage, and that they have not engaged in similar conduct.
In Maryland, there are generally two general approaches taken when determining the grounds for divorce. These are known as fault and no-fault grounds. In no-fault grounds, a person can file for divorce and obtain a fair split of marital assets no matter who caused the breakup of the marriage.
The laws in Rockville allow for the filing of divorce based on the no-fault or fault approach. However, a spouse will need to allege specific grounds for a divorce, and the court can take fault grounds and factors into account when dividing assets.
The laws regarding divorce requirements are specific. A mistake in the petition could delay the process, dragging out an already frayed process longer than necessary. The right attorney can ensure that the filing spouse meets these requirements and avoids any unnecessary delays.
The Role of Adultery in Child Custody Situations
Ultimately, the court has significant leeway on how they award child custody in a divorce case. Their decisions are governed by one overriding concern: the best interest of the child. Therefore, it is unlikely that an allegation of adultery will play a pivotal role in custody determinations. While the court has the right to consider these grounds, the law requires a judge to render their decision entirely based on the child’s best interest.
How to Prove Infidelity
One of the most challenging aspects of adultery as grounds for divorce is the challenge of proving infidelity. While difficult to establish in some cases, an attorney can take steps to develop strong evidence that infidelity occurred during the course of the marriage.
The filing spouse could subpoena the alleged lover to testify. This testimony could provide grounds for a divorce.
Outside of an admission from either party of an affair, there are other forms of indirect evidence that could be used to establish infidelity. Everything from credit card receipts to photos of a spouse and their alleged paramour entering a hotel room together could infer that infidelity occurred.
Let an Attorney Protect Your Rights during an Adultery Divorce Case
Dealing with an unfaithful spouse can take an emotional toll. These challenges are often enhanced in cases where a divorce becomes your best option. If you are concerned about the process of divorcing an unfaithful spouse, the guidance of strong legal counsel could benefit you tremendously.
Contact a diligent attorney with experience handling Rockville adultery divorce cases. Call right away to discuss your options.