How Do I Prove Adultery to Get Out of this Marriage Now?

In Maryland’s marital law, a “final” divorce is called an Absolute Divorce. We’ve discussed the quirky Limited vs Absolute Divorce issue in other articles on this blog – click here and here. But one thing that is required in order to obtain either type of divorce is a one-year separation. Unless, it’s an Absolute Divorce and there has been adultery (and some other events we’ve discussed here, here, here and here).

So if you were married in Maryland and you want to get an Absolute Divorce without waiting for the one year separation period, here’s what you need to do to prove adultery:

The law recognizes that acts of adultery usually occur secretly; therefore, it does not require first-hand proof of the actual act of intercourse in order to establish the ground of adultery.  Absent such first-hand evidence, the law requires that only two elements be shown:  (1) disposition and (2) opportunity.  That is, the party need only show that the other party has the disposition, or personal character, that allows him or her to commit such an act, and that the party had the opportunity to commit the act.

So what do you do when both spouses have committed adultery? That’s called Recrimination:

Recrimination occurs when both parties commit adultery, and the question arises whether both are thereby prohibited from obtaining a divorce on the ground of adultery.  The law states that recrimination is not a bar to a claim for divorce based on adultery, but it will be a factor that the court will consider.

How about in situations where one spouse committed adultery but the other spouse showed forgiveness in order to keep the marriage together? That’s called Condonation:

Condonation occurs when one party learns that the other spouse has committed adultery but forgives the other spouse or continues to reside with the other spouse as husband or wife.  As with recrimination, condonation is not a bar to a claim for divorce based on adultery, but it will be a factor that the court will consider.  The court may conclude that, if the parties continued their marital relationship for a substantial period of time after disclosure of the adultery, then the adultery could not have been the real cause of the subsequent breakup of the relationship.

So adultery is grounds for an Absolute Divorce in Maryland, but it does take some effort to show that to the Courts. But if a couple is moving quickly to end the marriage, adultery can eliminate the need for the required one year separation. One side note about the quirky Maryland marital law – adultery is not a ground that is available for obtaining a Limited Divorce.