Legal Question in Family Law in Maryland
Uncontested Divorce Hearing
My husband has filed for divorce on the grounds of adultery and I am not contesting this. I currently live with my boyfriend and will admit this at the hearing. Mu husband and I want to get the divorce done as quickly as possible and we do not have lawyers, since we have no children, no property to split, and neither one of us is asking for alimony from the other. We received our hearing date and it is 3/11. The paperwork received states that if we do not have attorneys to represent us, the plaintiff needs to bring a witness who will testify that either I comitted adultery or that I had disposition and opportunity. My question is, why does he need a witness if I am admitting I did it? Second, what information would a witness need to give to prove what they are looking for? Do we have a better chance of having the divorce granted immediately if one or both of us has a lawyer? Is it true that the judges in Baltimore county very rarely grant divorces on the grounds of adultery? Or would that be if the couple had children and more complications involved? Given my situation, should I get an attorney and should my husband as well?
2 Answers from Attorneys
Re: Uncontested Divorce Hearing
Even uncontested divorces cannot be granted under MD law unless the plaintiff(your husband) produces independent evidence corroborating the facts that support his grounds for divorce. If you haven't lived with him for at least a year, he could amend his petition and change the grounds from adultery to voluntary separation. Then all he needs is a witness to say they know you left with his approval and haven't cohabited since. If it's been 2 years, he doesn't even have to prove that you separated by consent.
It's hard to prove adultery, which is why few cases are brought on that basis. I guess your boyfriend could be his witness, assuming he wants to be involved. Technically he'd be admitting to criminal conduct, but no one would prosecute him for that.
Re: Uncontested Divorce Hearing
All cases of divorce need a cooberating third party. If your boyfriend wants to come to court and testify that you two have been having relations, then that should be enough. The catch with an adultery matter is that one, it is a crime (usually not prosecuted) two, that the person committing adultery is not eligible for alimony.
If you would like to discuss this matter further, feel free to contact my office.
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