Legal Question in Family Law in Maryland

Re: Statute of Limitation

I presume that you are addressing a civil claim for divorce on the grounds of

adultery. In this case there is no statutory limitation to her claim. The Maryland Court of Appeals addressed this

matter in 1948 when it decided Gold v Gold. In that case an action for adultery was brought 25 years later.

However, there are many factors that work into each case. First, adultery cannot be proven solely on the testimony of the plaintiff.

There must be corroborating evidence. Where the length of time between the alleged adultery and the legal claim for divorce on the grounds of adultery is lengthy,

the sufficiency of the evidence of the adultery tends to evaporate. But this length of time is more than a year or so. Where the delay is long, the court may withhold the action where a suitable explanation is

not offered for the cause of the delay. The court may also find that the plaintiff waived the right to bring the action where there is a long delay. Then there is the matter of condonation. Where adultery occurs but the marriage resumes, then

a defense lies that the adultery was condoned or foregiven.

Most divorces are decided on non-fault grounds, those being a mutual separation of one year and non-mutual separation of two years.

Adultery may bring her certain benefits such as a bigger monetary award and/or alimony. However, it will cost her legal fees to pursue a fault based claim.

Believe it or not, Maryland law, at Md. Ann. Code art. 27, @ 3 (2001) provides for the crime of adultery where at Section

3. it stipulates the penalty as follows: Any person who shall commit adultery shall upon conviction thereof in any

of the circuit courts for the counties in this State be fined ten dollars.

At section 5-106, the statute of limitations on the misdemeanor of adultery is one year.

This is important as there is no Fifth Amendment Right against testifying against one's interest in a civil trial. Thus one can be

ordered to answer questions about their adulterous affairs if they take the stand to testify in their own behalf. However, since there

is a criminal charge for adultery, this compulsion to testify cannot be effected until after the statute of limitations runs on the criminal offense of adultery.

G. Joseph Holthaus III

(410) 799-9002

Re: Statute of Limitation

There is no statute of limitations under the circumstances you present. The wife can sue for divorce on grounds of adultery at any time. One defense to adultery is known as condonation--as in that the wronged spouse is alleged to have condoned the adulterous relatinship. The passage of time could theoretically support such a defense.

Re: Statute of Limitation

Believe it or not as ridiculous as this sounds there is no statute of limitation for the adultery ground as it relates to divorce and the fact that he is separated technically does not prevent her from raising the claim although I can tell you in everyday practice most judges frown upon such claims. In Maryland he cannot file for divorce without a fault based ground until they have been separated for 2 years! If she would agree to sign a property settlment agreement he could file for divorce after being separated for one year.

Strictly speaking the only thing adultery is going to give her is MAYBE more of the assets and POSSIBLY alimony. It really depends on the facts of the case and your boyfriend really should seek the advice of an attorney to safeguard himself.

Is she dating too because the same applies to her as well.

I hope this answers your question. Good luck to you.