Legal Question in Family Law in Maryland

Re: Sueing the third party

You can't sue the other woman for having an affair with your husband and destroying your marriage. You can file for divorce on grounds of adultery, and a division of marital assets, and possibly (but rarely) an order that your husband pay alimony and/or your attorney's fees, may be based in part on your husband's adultery. You can cause the woman some embarrassment by identifying her as the partner in your husband's adultery, and you could subpoena her to testify, but you can't sue her for ruining the lives of you and your children. Incidentally, I know that right now you feel that your life is ruined, but I hope you reach a point where you can feel that you have a more positive future, for the sake of both yourself and your children.

Re: Sueing the third party

In Maryland you can file for divorce based on adultery immediately. However, sincer there are usually no witnesses to adultery other than the participants, adultery may be proved by circumstantial evidence indicating that the parties had: (i) the opportunity (e.g. were together by themselves in a locked room) and (ii) the disposition (e.g. made outward show of affection, such as kissing, hugging) to commit adultery. Both opportunity and disposition must be proved; mere suspicion or indiscreet acts are not enough.

You could sue her for destroying your marriage but I can tell you that you'll end up spending a lot of money in attorney fees and likely get little or nothing in return. You can subpoena her in you divorce suit to testify to the affair but because adultery is still a crime on the books she can invoke the 5th amendment.

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