Legal Question in Family Law in Maryland
Divorce and Adultery
My husband and I separated and then I found out he had been having an affair for the last 18 months. The other woman's husband and I have connected, and he is filing for divorce on grounds of adultery, and his wife appears to be agreeing to this (there are many issues involved and her family is supporting the husband). Can I use her admission as proof in my own case? My husband will NEVER admit adultery. I do have voicemails of her calling him and saying I love you, wish you were in bed with me, etc, but they occured after I separated, but alluded to the 18 month affair. I just want to be done with this man...I don't want to wait a year.
1 Answer from Attorneys
Re: Divorce and Adultery
Yes, her admission may be used in your case. However, you would likely need corroboration of her admission from a third party. An example would be someone who has seen them together in public acting as a couple, spending time behind closed doors, etc. Depending upon how the voicemails were obtained, they may be admissible as corroboration.
To prove adultery, you need to establish that he had both the opportunity as well as the disposition to commit the act or acts.
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