Admissible Evidence Of Adultery

Baltimore Maryland divorce lawyerQuestion:

How is adultery proved and what type of evidence of adultery can be admitted in court?

I’m worried that my cheating will be punishable not only as a crime, but also detrimental to my divorce case. So what are the repercussions of committing adultery?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Maryland divorce laws where I am licensed to practice.

In some states, adultery is considered a fault ground for divorce. Technically, adultery is a crime in some jurisdictions, although it is almost never prosecuted. For instance, where I practice, adultery is punishable by a small monetary fine of $10.

Generally, the consequences of adultery are evident in divorce cases. In my jurisdiction, if no fault grounds for divorce are present, the parties must be separated and living apart more than a year without interruption before filing for an Absolute Divorce. However, if adultery can be proven, the complainant may file for an Absolute Divorce prior to the one-year separation period.

To prove adultery, the complainant must show both disposition and opportunity. The burden of proof is on the complainant to prove adultery. Mere accusations will not be sufficient to obtain a divorce on the grounds of adultery.

An adulterous disposition may be demonstrated through public displays of affection such as kissing, hugging, and hand holding between the defendant and the paramour.

Opportunity to commit adultery can be demonstrated through various circumstances. For example, the complainant may argue that the defendant had an opportunity to commit adultery when he was seen entering his paramour’s residence at midnight and leaving at 5 a.m.

Because acts of adultery are typically conducted in private settings, the court will permit the complainant to provide proof of adultery by circumstantial inference or presumption. However, it is absolutely necessary that both disposition and opportunity be proven, as mere suspicion will not be enough to prove adultery.

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Adultery’s Impact on Divorce

Generally, proving adultery is a difficult task because the proof necessary for a successful adultery claim must be corroborated.

If adultery is proven, it may impact the court’s determination of issues involving alimony, custody, and property division.

However, it is important to note that adultery is only one factor that the court will consider when making a determination of issues involving alimony, custody, and property division, and thus, a finding of adultery does not guarantee an unfavorable determination for the defendant.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Maryland Divorce Lawyer Jeff J. Kim, please contact Cordell & Cordell.

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7 comments on “Admissible Evidence Of Adultery

    It can be very difficult without substantial evidences. In my case I had to hire some Info-tech Investigative team that did everything for me. From call logs, text messages and social media chats. It was stressful but worth it. [] is their detail.

    I live in Maryland and want to Divorce my wife, She has admitted to spending the night in a hotel room with another man and slept in bed with him but says she did not have sex. They even went to breakfast the next morning. Her best friend was there with another man as well and verified this info. Her best friend said to me they were making out in the bar before going to the hotel but my wife says he forced the kiss on her. My question is or really for verification. I should be able to get an absolute Divorce. Would this be a correct assumption?

    I live in Virginia. My friend’s spouse took pictures of her entering my apartment complex, but not my apartment. The spouse is not aware that I even live in that apartment complex or that I exist. The pictures are of the spouse entering a complex. He is threatening to file for a “fault divorce” and take sole custody of the child. Is that enough evidence to prove adultery?? Does my friend have to name who they were visiting in that apartment complex??

    You know that he is cheating still you want more proof ?
    Here are some tips :
    The easiest is to see his phone ( the call list, messages, Facebook, Twitter,Whatssap, Snapchat messages) wherever a person can have private messages needs to be checked.
    But if his phone is password protected and you cannot access it you have to hire a hacker because that is what I did and I got everything diverted from his cellphone directly to mine without touching it.
    I noticed how much secrecy he maintained with his phone so I decided that the photo gallery and emails and virtually everything needed to be checked.
    But in my opinion it is better to hire a hacker who has successfully done this for someone before so I will recommend the person that helped me during my time.. nullantrax2017-at-gmail-dot-com

    Please help
    I have made numerous complaints to Child Protective Services and no one seems to want to help me. I also keep hitting a brick wall.

    Help please
    I don’t know where to begin, but here it goes. I have been married to a woman that committed adultery with a child molester and she has since had this child and the baby is 13 months old. We have not lives together in over 2 yrs. we have a 3 yr old son and she has kept me from seeing my son now for 8 weeks. There is no child support order or anything and I went to the child support office to get something started and they told me not to pay her a dime until there is a court order. She is a drug user. She goes to a methadone clinic and also uses Loratabs, Xanax, among god knows what else and does not have a prescription. I have tried to get a probono lawyer with no luck and I want my son.

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