Legal Question in Family Law in Maryland

Filing adultery against yourself ???????

If you wanted to obtain a divorce without the wait associated

with a limited divorce....and you, yourself, have committed adultery but your spouse will not file adultery charges against you...can you, in the State of Maryland, take a witness to confirm that you have been in an adulterous relationship so that you may file for absolute divorce using the grounds of adultery against yourself????

I know...sounds crazy, but it may be the only way to see a

timely resolution of this matter.

Thanks very much


Asked on 5/09/03, 5:28 am

3 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Filing adultery against yourself ???????

No, and it is crazy. Moreover, you should discuss why you want a limited divorce with an attorney.

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Answered on 5/09/03, 6:40 pm
Carolyn Press Chung & Press. P.C.

Re: Filing adultery against yourself ???????

No, you can not file for divorce on grounds of your own adultery. One reason is that a defense to an allegation of adultery is "condonation." that means that the non-adulterous spouse has condoned the adultery, which means something close to forgiving it with an understanding that it won't happen again. If your spouse continues to condone repeated acts of adultery, there is no ground for divorce. You will probably have to wait for a divorce on the ground of a two year separation, since apparently your spouse has reasons for not wanting a divorce.

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Answered on 5/17/03, 11:28 am
Robert Sher Wagshal and Sher

Re: Filing adultery against yourself ???????

You can't file for a divorce based on grounds that your spouse has against you. Only she can do that.

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Answered on 5/09/03, 11:30 am


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