Legal Question in Family Law in Maryland

consequences for adultery

my wife is having a affair with my uncle for the last 3 years. her lawyer tells her this is more or less acceptable and adultery only carrys a $25 fine is this true? what all would i be able to do we have three chlidren one of which she takes around him and the others she doesn't even know are there on the nights/days she is with him. she tells me the things she does with him of sexual nature just to get under my skin. i would like to know how i may obtain custody of my children and burn her ass in court. thank you


Asked on 4/25/04, 10:33 pm

3 Answers from Attorneys

Alton Drew Alton Drew, LLC

Re: consequences for adultery

Adultery is grounds for divorce in Maryland. If you are serious about beginning proceedings, the first step you have to take is to leave and begin a separation of at least one year. For further information, do contact one of the fine attorneys on this bulletin board.

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Answered on 4/25/04, 11:58 pm
Robert Sher Wagshal and Sher

Re: consequences for adultery

You didn't specify, but I assume you are still living together. You can immediately file for a divorce on adultery grounds and ask for sole custody of the children. If you are sharing the same home, you should also ask for an immediate "use and possession order" for the family home and furnishings if you want to stay there with the children. If granted, she will be required to move out. You would also be entitled to receive child support from your wife if she has income or is capable of working.

This will be messy to say the least, and if you're serious about this you should see an experienced family lawyer who knows how to properly present your case. It sounds to me like your children are in dire need of action on your part.

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Answered on 4/26/04, 10:18 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: consequences for adultery

Criminally the penalty for adultery is indeed a $25 fine. This

part of the Maryland Code becomes problematic when addressing civil issues since, as a crime, you cannot

force testimony of the accused. There are, of course, other ways to nail down

adultery for civil actions of divorce and for consideration with custody actions.

You should contact an attorney.

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Answered on 4/26/04, 11:16 am


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