Legal Question in Family Law in Maryland

Re: Adultry

You can file for divorce immediately on the grounds of adultery. However, there is no one way to prove it. You have to show that the party had opportunity and inclination. Hiring a private detective is the best avenue, but if you can't afford that then try to marshall witnesses that have seen the two of them affectionate in public, or that they are living together, or his car is parked outside of her house every evening. None of this evidence is iron-clad, (although it is persuasive) it really depends on the judge.

Give me a call and I'll explain.

Re: Adultry

If your spouse has committed adultery, and you have not condoned the action by continuing your own sexual relations with him after learning of the affair, you have immediate grounds for divorce. How long it takes to get the divorce depends to some extent on the county you live in, since some courts have heavier dockets than others and scheduling of hearings takes longer in some areas. As for the necessary evidence, you will need convincing evidence that your spouse has had "inclination and opportunity," which may mean evidence that he or she is attracted to another person and evidence that they have been together under circumstances which would provide the opportunity to commit adultery. I would assume, since you appear certain that the adultery has occurred, that you have some sound evidence on which you base your certainty. You should probably consult with a lawyer to see if your evidence would be sufficient.