Under Maryland law, adultery is defined as the voluntary sexual intercourse between a married person and a partner other than their spouse. While same-sex relationships do not qualify as adultery under Maryland law, they may give rise to other fault grounds for divorce.
Maryland now recognizes same-sex marriages. Maryland adultery law has not been updated to reflect same-sex marriages. Currently a same-sex spouse may cheat on their spouse with a
same-sex partner and it would not meet the legal definition of adultery. The Maryland adultery lawyers have handled same-sex relationships as evidence supporting a divorce on fault grounds. Sexual acts that fall short of intercourse are insufficient to establish adultery, but again may establish other fault grounds allowing for divorce. Evidence of adultery is usually circumstantial and the Maryland family law lawyers at RGPH are experienced in gathering sufficient evidence to support a finding of adultery.
Providing Adultery as a Grounds for Divorce
Infidelity is often difficult for lawyers to prove. Maryland courts consider evidence of the disposition to commit adultery and the opportunity to commit the act as critical to proving adultery. Circumstantial evidence can be sufficient to prove that sexual intercourse occurred outside the marriage. Corroborating evidence has been required by most Maryland Courts to prove adultery. Because adultery is a crime, a spouse can assert the Fifth Amendment privilege against self incrimination instead of admitting to the crime. Corroborating evidence is designed to prevent spouses from colluding to obtain a divorce.
The Maryland adultery and divorce lawyers at RGPH may be reached at their Bowie office for a consultation by calling 301-383-1525. The family law lawyers at RGPH can guide you through the difficulties that flow from an affair.
Please call the family law lawyers at Reinstein, Glackin, Patterson & Herriott, LLC at 301-383-1525 to schedule a consultation at the Prince George's County offices in Bowie, Maryland. RGPH's lawyers handles matters in Prince George's, Anne Arundel, Howard, Montgomery, Calvert, Charles and St. Mary's Counties.