One commonly cited reason for a Maryland divorce is adultery. If you intend to cite adultery as your cause for divorce in Maryland, it’s important that you understand the state’s laws about how you can prove adultery.
In Maryland, adultery is the act of a married individual having sexual intercourse with someone outside of the marriage. However, if you continue to have sexual intercourse with your spouse after learning of the adultery, your spouse’s adultery will be deemed forgiven.
If you have not forgiven your spouse’s adultery, you must be able to prove adultery based on fact. A gut feeling is not sufficient. Neither is an admission of guilt. Proof of adultery can be very difficult to obtain but you can get the help of an experiencedGlen Burnie divorce attorney. Your attorney can help gather the necessary evidence to prove adultery and build a solid Maryland divorce case.
Proof of Adultery in a Maryland Divorce
To prove adultery, you and your Glen Burnie divorce attorney will likely comb through the following:
- Cell phone billing statements and records showing many calls to a particular individual, often at times when you were not present.
- Travel records that are nearly identical to the travel records of someone else, suggesting they may have planned several get-aways.
- Photographs of your spouse and another individual outside a home, nightclub or restaurant, in a position that suggests intimacy.
- Co-workers’ testimony that your spouse may have been involved with someone else.
- Computer documents, if accessible, showing written exchanges between your spouse and someone else.
Although some of this evidence is circumstantial, such as travel records, don’t be alarmed. Many cases are won on circumstantial evidence. After all, rarely do you see video footage of crimes taking place, yet parties still get convicted. Your Glen Burnie divorce attorney will have a better understanding of the level of evidence necessary to prove adultery in your situation.
The fact that your spouse was in a place with someone where sexual intercourse could have occurred may be deemed as proof of adultery, especially if you can show that your spouse was inclined to engage in adultery. Such proof includes public displays of affection between your spouse and the other individual or love letters.
If you’re certain that your spouse is seeing someone else and the marriage is over, you should speak with a Glen Burnie divorce attorney before confronting your spouse.
Preserving Evidence of Adultery in Your Maryland Divorce
Once you have gathered proof of adultery for your Maryland divorce, you will need to protect the evidence. If the evidence is on your computer, your Glen Burnie divorce attorney might be able to have an expert analyze the contents of your hard drive.
You can also install software on your computer to capture all of your spouse’s keystrokes, if your Glen Burnie divorce attorney approves. This might be illegal if you do not own the computer. It’s important that you consult with your attorney to get a thorough understanding of legal and illegal evidence in a Maryland divorce.
If the evidence is in the form of text messages and cell phone calls, your Glen Burnie divorce attorney will need to subpoena the cell phone records within 2 or 3 months of the calls or text messages. After about 3 months, calling activity might not be available.
Sticking to the Facts of Your Maryland Divorce
As we stated before, proof of adultery requires more than a gut feeling. The last thing a judge wants to hear is what youthink your spouse did. Your Glen Burnie divorce attorney will help you:
- present evidence a judge will understand and accept;
- avoid making inferences and guesses; and
- focus on what can be proven.
With a Glen Burnie divorce attorney working on your case, you can rest assured that your Maryland divorce will be handled professionally and your legal rights will be protected.
Contacting a Glen Burnie Divorce Attorney
Proving adultery is no easy task. The Glen Burnie divorce attorneys at Jimeno Gray understand the nuances of divorce, child custody and alimony in Maryland. Our Glen Burnie divorce attorney team is ready to help you with your family law needs. Contact us today for consultation – 410-590-9401.