Legal Question in Family Law in Maryland

Re: Adultry

Legally if you engaged in sexual relations with another person while still legally married, that constitutes adultery. But it probably won't change the outcome in your case, since you are agreeable to a divorce anyway. If you and your husband can't agree on the financial issues in the divorce, such as dividing up the marital property, child-related issues if any, and possibly alimony, they will be decided by the judge in the divorce. The judge legally can't "penalize" you for this because the adultery was not a factor in the breakup of the marriage. Nonetheless, you ought to engage the services of an experienced family attorney to make sure all of your rights are protected. If you had done so earlier and a properly prepared separation agreement had been put into place at the time of the separation, it would have contained language that made it permissible for each of you to have other relationships during the separation without being charged with adultery.