Legal Question in Family Law in Maryland

If a spouse cheats, and the non-cheating spouse files on grounds of adultery, would a MD judge accept a signed affidavit from the cheating spouse stating "I did it" as proof... or must one always involve a private investigator to show opportunity/disposition? How about an affidavit from the cheating spouse and a witness, or from the cheating spouse and the other party involved in the affair? I guess my questions is can such affidavits meet the legal requirements for proving adultery?


Asked on 10/30/10, 2:32 am

2 Answers from Attorneys

Paula McGill Paula McGill Attorney at Law

It is apparent you need an attorney to advise you on the matter. You should consider hiring one to discuss your rights (alimony, property division, liability assignment, child support, visitation).

Nevertheless, the more evidence you have the better off you'll be in proving your case. It is strange indeed that a spouse would admit to adultery in a court of law. However, if you can present his affidavit, get him to testify, and present other witnesses (including the other person), you will certainly have enough to obtain the divorce.

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Answered on 11/04/10, 3:18 am

The uncorroborated admission of the spouse is insufficient proof of adultery. Every element needs to be proven and corroborated, including grounds. The easiest solution is the spouse's admission in his/her answer to the divorce complaint and, if there is no independent evidence of the adultery (e.g. evidence of public displays of affection and the opportunity to engage in sexual relations), I suggest taking a 5-minute deposition of the paramour.

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Answered on 11/04/10, 8:12 am


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