Legal Question in Family Law in Maryland

Is there a law that charges a misstress with emotional distress?

Can a person who is having an afair with your spouse be charged with anything.


Asked on 12/28/00, 10:23 pm

3 Answers from Attorneys

Lisa Lane McDevitt McDevitt Law Office

Re: Is there a law that charges a misstress with emotional distress?

Unfortunately, you don't have much recourse against her. What you can do, however, is use the adultery as your ground for divorce against your husband. Adultery is a factor to be considered when dividing up marital property and even with regard to custody of children. It also allows you to file for divorce immediately as opposed to waiting for a period of time while living separate and apart. Moreover, if your husband gave her gifts the value of the gifts can be brought back into the marital property. Remember this, however, success is the sweetest revenge. Walk away with your pride and your dignity and know that he will likely do the same to her. Meanwhile, protect your marital property and your rights against him.

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Answered on 12/31/00, 5:56 pm

Crime of Adultry

The penalty for committing the crime of adultry in the State of Maryland is ten dollars.

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Answered on 12/30/00, 8:42 pm
Carolyn Press Chung & Press. P.C.

Re: Is there a law that charges a misstress with emotional distress?

Technically, adultery is a crime. But if the woman who is having an affair with your husband is not herself married, it is only your husband, and not the woman, who is guilty of the crime. The possible penalty for the crime is a $10 fine, but I know of no case where anyone has been criminally charged and tried. No State's Attorney in the state of Maryland would consider prosecution of adultery a good use of his or her resources. Until 1945 there was the possibility of a civil suit for alienation of affections, but that possibility was repealed by the legislature in terms which make it virtually impossible ever to bring back such an action. Adultery is a ground for divorce, which may be what the other woman wants until she finds out that your husband, after a divorce, will have considerably reduced financial resources.

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Answered on 12/31/00, 1:59 pm


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