Legal Question in Family Law in Maryland

Adultry

In the state of MD, what constitutes Adultry? I recently was called by the wife of a man, who informed me that he and my wife had been seeing each other for the past nine months. My wife had admitted this saying that it wasn't sexual, but friendly. Since then, she has been staying with a friend of hers(girl) but on occasion spent a few nights with him. Currently we have no seperation agreement or divorce, but I am seeking an attorney. Also there are 4 children in our family. the three youngest are with me and the oldest,18, is with her. I would like to know if this seems like a basis for Adultry and what evidence would I need to prove it.

Thank You


Asked on 7/12/99, 8:37 am

2 Answers from Attorneys
Olivier Long Law Office of Olivier Denier Long

Re: Adultry

Adultery is sexual intercourse or a sex act. A sex act is cunnilingus, fellatio, analingus, or anal intercourse. See Art. 27 Sections 3 and 461 of the MD Code. To prove adultery, you should have an attorney and a private detective. I am admitted in MD. Call me at 703-591-1600 if you need help.

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Answered on 7/15/99, 1:50 pm
Robert Sher Wagshal and Sher

Re: Adultry

Adultery under Maryland is committed when a person engages in sexual relations with a married person other than his/her spouse. It is grounds for divorce if proven, though infrequently utilized. However, if adultery can be proven in a divorce action, it can provide a basis for the judge to distribute marital property in favor of the victimized spouse, although this is only one factor used to make this decision.

If I can be of further assistance, you can email me at [email protected] or telephone at 301 986-4555 in Montgomery County.

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Answered on 7/15/99, 3:41 pm


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