Legal Question in Family Law in Maryland

Adultery law

I have a question about adultery. If I have committed such with a married woman in the State of Maryland, do I have to go to court?? Her husband is filing per se and he has informed me I must go to court. If I submit a written testimony, will that be good enough??

Asked on 8/28/03, 10:27 am

3 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Adultery law

Frankly, you require representation. Adultery is a criminal offence. Although seldom pursued as such, it still retains vigor as as defense against incrimination.

If her husband's attorney seeks to bring you into an action of divorce soley on the basis of your testimony then that attorney has a rough road ahead if you acquire representation. His attorney cannot easily make a divorce based solely upon this tactic. If you love this woman then you should acquire legal representation.

Ultimately a divorce may issue based upon the disposition of the married couple. This matter is beyond your control.

Joe Holthaus

(410) 799-9002

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Answered on 8/29/03, 12:32 am
Carolyn Press Chung & Press. P.C.

Re: Adultery law

I'm a little behind in answering your question, and I would have nothing to add to what Mr. Sher said, but I do not think you need to hire an attorney in this situation. If you are subpoenaed you do need to appear in court, but if you are asked if you committed adultery you can refuse to answer on Fifth Amendment grounds that your answer might tend to incriminate you. There is really no danger that your refusal to testify can be used against you or that you might be charged with a crime, even if there is other evidence to support a conclusion that you have committed adultery.

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Answered on 9/14/03, 2:09 pm
Robert Sher Wagshal and Sher

Re: Adultery law

You can be subpoenaed as a witness to testify at the trial if it becomes necessary to prove adultery in this case. However, since adultery is still on the books as a criminal act, even though it's never prosecuted as such, you would have the right to invoke your 5th Amendment right not to testify if you choose to do so.

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Answered on 8/28/03, 2:03 pm

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