Legal Question in Family Law in Maryland
In Maryland, can I file for an at-fault divorce under my own admittance of adultry or does my spouse need to make the filing? Does adultry need to be proven if there is admittance by the adulterer?
2 Answers from Attorneys
You should hire a Maryland family law attorney to discuss the specifics of your situation. There are very few situations where I would recommend to a client that he/she admit in a Court pleading (like a Complaint for Divorce) that I committed adultery. If you want to file, do it as a no-fault and claim "irreconcilable differences."
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******
You cannot request a fault ground divorce when you are the at fault party. Only your spouse can request an obtain a divorce based on your conduct. Furthermore, every element necessary to obtain a divorce must be proven and corroborated. The admission of the spouse committing adultery is insufficient corroboration, but there are multiple other ways to corroborate the adultery, including evidence of predisposition (e.g. public displays of affection or love letters) and the opportunity to commit adultery (e.g. spending the night at the paramour's residence or in a hotel), or taking a brief deposition of the paramour.
There are two no-fault grounds for divorce in Maryland. These are a mutual and voluntary separation for one year, and a physical separation (even if it is not mutual and voluntary) for two years. "Irreconcilable differences" is not a ground for divorce in Maryland.