Contemporary pop culture and social media scandals have made the term “cheating” highly debatable, but in the divorce context, “adultery” is narrow and unambiguous. However, this does not necessarily mean that cheating only matters if one can assert acts of adultery.
Defining Adultery
According to the case law, “adultery” is when a married individual has sexual intercourse with an opposite sex other than their husband or wife.
Peculiar Issues Relating to Adultery
- Under the case law, oral sex or any sexual activity apart from intercourse is not adultery
- The courts have not decided if members of the same gender can commit adultery. However, in 2015, the Attorney General advocated the expansion of the definition of adultery to include other sexual acts and that it could be the reason for dissolving a same-sex relationship
- Adultery is a crime in Maryland and is punishable by a $10 fine
- Technically, sexual intercourse with an individual other than your wife or husband after your separation, while you are still married, is adultery
- Adultery is a reason for a breakup in Maryland. You do not need a waiting period or break to file for dissolution based on adultery
- Legislators have not been able to expand the definition of adultery for divorce purposes
How to Prove Adultery
The accuser must have direct evidence such as eyewitness narration, admissible by the guilty partner and paramour, or circumstantial proof for the courts to consider their case. When trying to establish adultery through circumstantial evidence, the accuser must prove that the unfaithful partner had the “disposition” and “opportunity” to be unfaithful.
Some evidence of “disposition” is photos of the unfaithful partner and the other lover kissing or involved in other affectionate acts. At the same time, the proof of “opportunity” includes the ability to establish that the unfaithful partner and the other lover had to perform their desires. Examples include GPS evidence to assert that the adulterer and the other man or woman slept overnight in the same house or photographic images.
Do Not Go Overboard in Your Pursuit of Evidence of Adultery
Technological advancements such as debit cards, cell phones, the internet, and GPS devices have eased gathering evidence of infidelity. However, you must be conscious of invading people’s privacy because this has been a complaint among people. To curtail these privacy issues, legislators enacted new state and federal laws that deal with illegal access to vital information, some of which come with criminal consequences.
For instance, Maryland and Federal laws criminalize these acts:
- Adopting key-stroke identification software application to get your partner’s email password
- Creating a fake social media account to monitor a partner’s online activities
- Unauthorized use of your partner’s cell phone or guessing their passcode
Do not throw caution to the wind while snooping around your partner’s computer, social media accounts, or phone in search of adultery evidence. “Let an experienced lawyer guide you on the acceptable ways to gather evidence for infidelity before collection. If not, you may obtain useless evidence or one that will make you face criminal charges.” says attorney Shawna Woods of Atlanta Divorce Law Group.
It Must Not Be Infidelity or Portrayed as One to Matter
In the past, an adulterous parent could not have custody of minor kids, but the court now considers what led to the marriage breakdown to determine property division and alimony. The decision has changed expectations in numerous matters. Hence, infidelity and its financial consequences may affect monetary rights and equities in divorce.
You need an experienced and knowledgeable attorney to help you obtain and develop the evidence of your partner’s extra-marital affair and its financial implications to help your divorce case.
Media Information:
Atlanta Divorce Law Group
12735 Morris Rd Ext, Building 200 Suite 300 Alpharetta, GA 30004
(678) 626-6047
