Legal Question in Family Law in Maryland
I am a married person living in Maryland and am separated from my spouse, but without any agreement or any pleadings yet being filed. I am now in a relationship with another person who is having their divorce hearing in two weeks. I am mostlikely to be called as a witness by them for their side. My concern is that the other side will ask me if I am involved with that person sexually. If they ask me that question am I within my rights to involk the 5th amandment as to the questions which may reveal this facet of the relationship, as adultry is a criminal offence in MD and if so how and when do I do it?
1 Answer from Attorneys
You are within your rights, even though no one is ever prosecuted for adultery as a criminal offense in modern times. To do so, when you are on the witness stand and if you are asked if you have had sexual relations with your paramour, you decline to answer the question on the ground of self-incrimination.
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