Legal Question in Family Law in Maryland

Divorce

My husband left in Nov of 2007. He came back for a weekend in Dec which was that last time we had had sexual intercourse. In January of 2008 he had admitted that he had been cheating on me while he was away in Nov & Dec. In Feb of 2008 I filed for a limited divorce under voluntary seperation because I had no evidence to prove adultery other than him telling me. He said if I filed adultery he would contest it and again I have no proof other than some emails that I later found. In Feb I went to the obgyn to be STD tested. A week later I was told that I had an STD. I have been 100% faithful the entire year and a half we were together, even when we were apart in Nov & Dec. Can I somehow use this to prove adultery?


Asked on 5/08/08, 5:47 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Divorce

His admission to you that he engaged in extramarital conduct, if accepted by the court at a trial, would be sufficient proof, as well as any admissions contained in emails.

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Answered on 5/12/08, 3:50 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Divorce

This evidence, in and of itself, does not prove adultery. Adultery is shown by amorous affection and opportunity. The e-mails may or may not be useful for proving the first element. Opportunity may be shown through the e-mails or other evidence. You should contact an attorney to understand your options and to assist you with moving forward.

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Answered on 5/10/08, 12:05 am


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