Legal Question in Family Law in Maryland

Re: Infidelity evidence in court

This can be admissible evidence but you want to make sure to use a reputable lab, maintain chain of custody and have certified reports that the court will consider. We often handle adultery-based divorce cases and using this ground can be helpful in keeping her from getting alimony (if she would otherwise be eligible). Often, faced with this type of evidence, an agreement can be reached so that the divorce can go through on uncontested separation grounds but if she refused to move out, you can file for immediate divorce on the adultery basis even while still living together. If there are children, there are other issues (e.g., child support) that only arise if you actually separate. We can explain your options during an initial consultation so please contact us for more information.

Re: Infidelity evidence in court

You should be able to admit the "stain" evidence as proof of adultery, along with the witness' testimony. Most adultery cases are proven circumstantially--rarely do you have the private detective taking long range photos or bursting into the bedroom, like in the movies.

However, bear in mind that these cases can be quite stressful and time consuming (which means expensive), and especially if you have children, the strain on them will be great. You should consider putting a separation proposal on the table to see if she's interested in a reasonable resolution so you can both go on with your lives.