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Sep 08, 2017

#FamilyFriday – Adultery

On this week’s #FamilyFriday article, the attorneys at ERA Law Group, LLC want to talk to you about adultery.  Not surprisingly, it is difficult to obtain the rate of adultery in marriages today.  Statistics range from 25% to 75% where at least one partner has admitted to committing adultery at some point during their marriage.  Perhaps this makes sense given the 40% to 50% divorce rate in America.

As discussed in previous blog posts, there are many ways to obtain a divorce.  If there are children and/or unresolved property issues, you must wait at least twelve months to receive your Judgment of Absolute Divorce.  There are a few exceptions to this general rule.  One of these exceptions is if a spouse has committed adultery.  Adultery is defined as sexual intercourse between a married person and another person that is not their spouse.  Maryland Courts have indicated that any sexual activity can be adulterous even if it does not include intercourse.  This takes into consideration same-sex couples and others who may be engaging in nefarious and inappropriate conduct but stopping at intercourse.

Proving adultery can be problematic.  Sometimes spouses suspect that their partner has been unfaithful but can’t prove it.  In these circumstances, it may be difficult to obtain your divorce within twelve months.  When you do have proof whether it be text messages, catching your spouse, receiving contact from the “other” person, etc., that can be your way to divorce within a year.  In some instances, the adulterous spouse even admits to the adultery.

In the case when adultery is proven or the alleged unfaithful spouse’s actions are highly suspected of adultery, the Court may take this into consideration when making a marital award.  Perhaps they’ll find that the unfaithful spouse deserves less of a marital share than what the Court would have otherwise awarded the spouse.  Perhaps the Court may order the unfaithful spouse pay more alimony or rehabilitative alimony considering their actions.

If you know or believe your spouse has cheated on you, call the attorneys at ERA Law Group, LLC today at (410) 919-1790.  We are here to advocate for you!

Categories: Alimony, Divorce and Separation, Family Law Tags: absolute divorce, adultery, Alimony, cheating, Divorce, Family, Family Law, Judgment of Absolute Divorce, Marital Award, marriage, Proving adultery, unfaithful

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