How do I prove adultery?

To obtain a divorce on the grounds of adultery in Maryland, you must prove that your spouse had the “opportunity” and “disposition” to commit adultery. Proof of sexual intercourse is not required.

“Opportunity” may be shown by your spouse spending time alone with a member of the opposite sex in a residence or hotel. “Disposition” may be shown by some public display of affection or intimate correspondence.

There are 2 defenses to adultery which are not an absolute bar to granting the divorce: condonation (forgiveness) or recrimination (adultery by the claiming spouse).

Adultery is a misdemeanor crime in Maryland. Therefore, a spouse has the right to plead the 5th Amendment and refuse to answer questions about adultery. In such event, the Court may infer that the adultery occurred.

Unlike other grounds for divorce, adultery allows for an immediate divorce.