Legal Question in Family Law in Maryland
Proof required for filing on grounds of adultery
I understand that in the state of MD, adultery needs to be proved even if the defendant is not contesting the fact. And that corroboration of the evidence has to be at least one witness. However, if the act of adultery has taken place in a foreign country and witnesses are impossible to produce or not feasible, then are copies of letters/e-mails sufficient proof for the plaintiff, especially if the defendant is not disputing the evidence?
3 Answers from Attorneys
Re: Proof required for filing on grounds of adultery
You must prove the adultery by a preponderance of the evidence. Believe it or not, what consititues such proof may vary from one judge or master to the next. There are ways to avoind problems if you plan for your hearing in advance. Please feel free to contact me for a free consultation at 301 220-2200. My legal assistant's name is olga madiou-beale.
Good luck.
DAVID BULITT
www.divorcelawyerMD.com
Re: Proof required for filing on grounds of adultery
See marylandcustody.com, maybe they can help.
Re: Proof required for filing on grounds of adultery
Corroboration of the claim of adultery, if the spouse admits it, does not need to be oral testimony of a witness. The corroboration can be in written documents, such as correspondence from the partners in the adulterous relationship, or photographs. The courts have held that the evidence needed is evidence of inclination and opportunity, not graphic evidence of private activity in the bedroom. Inclination could be established by statements of affection in correspondence. Evidence of opportunity could be established through evidence that the two people lived together, travelled together, or stayed in a hotel room together, or were alone together at a time and place, and for a duration, which might be called "compromising."
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