Maryland  |  Family Law

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11/12/09, 1:51 pm

Legal Question


In Maryland, if a person cheats on his or her spouse with person "X," can person "X" get any punishment whatsoever, or does just the cheating spouse get punishment?


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11/17/09, 2:09 pm

Legal Answer


Practically speaking, neither party gets "punishment", at least in the sense of it being treated as a criminal act, even though technically it is a minor violation of the criminal code. Also, you can't sue someone for alienation of affections. However, it is obviously considered an act of adultery and as such could be a ground for filing for divorce. Also, if the act was a cause for breaking up the marriage, then a judge who in a divorce proceeding is tasked to divide up marital property or award alimony, it can be taken into account in making that decision.

Robert Sher

Wagshal and Sher 4824 Edgemoor Lane Bethesda, MD 20814

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