Legal Question in Family Law in Maryland

Found out wife purchased hotel room, and then when I confronted her she admitted to cheating on me. Assuming the hotel has video surv., what would be the steps to obtain such video, for the purpose of reviewing it to see if they were taped together, and to then use it as evidence if they were on the tape. Would a divorce court case already need to be filed? Don't really want to file an adultry case when I have no video evidence (I have no evidence other than her admitting to it).


Asked on 9/01/11, 5:41 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

You would have to subpoena the tape in the context of a divorce case. Your wife's admission of the act is really the best evidence you can have, although she could of course deny the admission later on.

Read more
Answered on 9/02/11, 6:43 am
Thomas Mallon Law Office of Thomas K. Mallon, LLC

What is required to prove adultery, is opportunity and disposition, so you can produce enough evidence even without a video. You may wish to find out who was working at the desk that evening and ask if they recall seeing your wife there with someone other than yourself.

The receipt also provides evidence of the opportunity. You would need to provide additional evidence as to disposition. A video tape is very helpful, but not critical.

Read more
Answered on 9/02/11, 7:43 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland