FAQs About Adultery and Grounds for Divorce
My spouse is having an affair. Can I divorce him/her because of it?
It depends. Adultery is grounds for divorce in Maryland but not in the District of Columbia.
Is adultery a crime?
Although it is true that adultery is a crime in Maryland and is punishable by a fine of $10, it is merely a misdemeanor that has not been prosecuted by the state in decades.
How can I prove my spouse is committing adultery?
A confession from your spouse is not enough. Although you no longer have to catch your spouse in the act with revealing photographs, it is necessary to be able to prove in court that he or she had the inclination and the opportunity to be unfaithful. Often this will require the testimony of a private investigator.
Will the fact that my spouse had an affair make any difference in court?
It depends. Many judges in our local courts view adultery as a symptom of a failing marriage rather than its cause. However, depending on the facts of the particular case, and depending on the judge, adultery can affect the way the judge distributes the marital property.
