Divorce Based on Adultery in Maryland
How Courts Define Adultery in Maryland
If the spouse who was wronged knowingly continues to live with and have sexual relations with the spouse who engaged in extramarital sexual relations, it may be seen as acceptance or forgiveness and is referred to as condonation.
Condonation may be used as a defense to a claim of adultery as grounds for an absolute divorce, as it suggests that the spouse who was wronged was aware of the extramarital affair and did not consider it grounds for a divorce.
How to Prove Adultery
Proving adultery requires tangible evidence of the extramarital affair through disposition and opportunity. Disposition refers to inappropriate displays of affection such as handholding, hugging, or kissing. Opportunity is also required alongside disposition and may include evidence of a sleepover or hotel check-in.
To prove disposition and opportunity, you will need proof. Intimate emails, voicemails, text messages, and explicit photographs or videos are considered substantial evidence of adultery. If the adulterous spouse has a child outside of the marriage, this will also be classified as evidence of the affair.