Legal Question in Family Law in Maryland

Re: Proof of adultery - video

It's difficult to say with certainty whether a judge would ultimately rule that the husband has proven adultery, but you've certainly got about as strong evidence as you can expect short of an admission or eye witness to the actual carnal act. If your friend is willing to invest in a private investigator, you can probably learn the identity of the paramour if it's an ongoing relationship, and get an admission from him. The courts have ruled that circumstantial evidence is sufficient to prove adultery, but if the wife claims that nothing more than what the videotape actually depicts took place and there isn't any corroborating evidence, the judge could conclude that the husband hasn't sustained his burden of proof.

Usually these cases settle out of court before they get to an evidentiary proceeding because of the "embarrassment" factor, especially if the real issues are property-related.

Re: Proof of adultery - video

I think the evidence you have is probably enough, without another witness, to establish inclination and opportunity for adultery. In addition, if the film is not crystal clear showing the "fondling and kissing," you and the husband can testify about what you observed. Be prepared for some explanation from the wife, such as a claim that the young man was there to repair a plumbing leak and he is her beloved nephew. You say the boy is 20, not "about 20." I hope that means that you know who he is and that he is not her nephew. You can also testify as to the time of the encounter with the first young man and the time frame of that incident, so the lack of a time indicator on the film shouldn't matter. If you can afford the expense you might consider doing a deposition of the wife and asking her (under oath) about these relatioships. If she offers anything approaching a plausible story, you might decide it is necessary to have your third party testify (so long as the third party has first hand knowledge and not hearsay).

Re: Proof of adultery - video

Send a copy of the video to my address and I will assess the evidence: P.O. Box 8078, Elkridge Maryland 21075-8078. Include a copy of a log of the wife's activities by date with a brief narrative.

After answering your other question, this one brings more factual matter and allegation. If you have video tape taken before the protective order issued then your case for adultery is strong. Hiring a private investigator may still be a viable course of action. Consider hiring an attorney to begin process. Call me for consultation. Joe Holthaus (410) 799-9002; (410) 619-5918