Legal Question in Family Law in Maryland
Divorce
Can the person filing for divorce plea adultry?
2 Answers from Attorneys
Re: Divorce
The party filing for a divorce can file on grounds of adultery, but not on grounds of his or her own adultery.
It as to be the defending party who committed the adultery. If the parties have continued to live together as husband and wife after the discovery of the adultery, the defendant can plead "condonation," which means that the innocent party forgave the adultery or decided to overlook it and stay in the marriage. If the adultery continues, the innocent party may still file for a divorce if he or she stops living with the spouse and stops having any sexual intercourse with him/her.
Re: Divorce
Adultery is a ground for divorce and can be alleged in the complaint for divorce.
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