Legal Question in Family Law in Maryland

Yes, you can be issued a subpoena and deposed as part of your lover's divorce. You could also be called as a witness at the divorce trial, which means you will likely have process servers looming around your home and office looking to serve you. Moreover, in Maryland, it's possible for an injured spouse to name the "other man" (read: you!) as an actual co-respondent in a divorce suit. In this case, the co-respondent must hire legal counsel and respond to the complaint. Other than publicly humiliating the other party, this tactic rarely gives the suing spouse any advantages. Of course, there is no law that prevents the other man from contacting your wife on his own and telling her what you've been up to.

The other issue for you is this -- if you wife does ultimately find out and decides to divorce you, the judge in your divorce case can consider your infidelity in awarding your wife alimony and awarding custody of your children.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

Adultery is a crime in Maryland that is punishable by a $10.00 fine. Because there is the likelihood of criminal prosecution there is a privilege against self incrimination. You can assert the privilege to any question that may tend to incriminate you of adultery. If you assert this right, the Court can within its discretion take an adverse inference from your refusal to testify, but this should not have any negative effect on you directly unless your spouse decides to file for divorce.

As a Maryland divorce practitioner, I have never heard of naming the paramour as a co-respondent in the divorce action.

While your adulterous conduct can be used by your spouse in the divorce, it is one of several factors which will be considered by the judge in awarding a monetary award and possibly alimony, if the facts fit for alimony. In any event, you should probably seek legal representation soon.

******The answer provided is for information purposes only and should not be interpreted to create an attorney-client relationship or privilege*************

Daniel Renart, Esquire

Sasscer, Clagett & Bucher

(301) 627-5500