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How will a charge of adultery in Maryland help in filing for a divorce?
In The State of Maryland you are probably aware its
required you and your spouse be separated for a period of no less then 1 year
prior to filing for a divorce. This is commonly referred to as the "waiting
period". However when a charge of adultery enters into the scenario there is no
waiting. By hiring a licensed Maryland Private Investigator, obtaining the
necessary documentation required to prove an adulterous affair you now are
provided the luxury of filing for a divorce right away and therefore can be
divorced as soon as you are able to obtain a court date.
If you feel there is no way you are going to
reconcile with your spouse to save the marriage, speeding up the process can be
a valuable way to proceed. It enables you to move on with your life in a
positive manner as quick as you can, saves a large amount of money, and can be
much easier on children by getting back on track with a normal way of living as
soon as possible.
How does The State of Maryland actually define the charge of adultery?
This law is made very clear and easy to
understand....
According to State of Maryland law, "adultery"
is voluntary sexual intercourse between someone who is married and a person of
the opposite sex other than the adulterer's spouse.
What is involved in The State of Maryland to prove adultery in court?
When it comes to proving adultery during divorce in
The State of Maryland, it’s not necessary to actually catch someone committing
the act as circumstantial evidence suffices. Maryland law only requires one to
prove they were inclined to commit adultery and had opportunity to do so; and
they were both together at a time and place that afforded the opportunity
documented by a third party that is in no way connected to either party such as
a hired State Licensed Investigator. Public displays of affection between the
two such as hand-holding or kissing provide enough evidence of inclination,
while proving that the lovers say entered a hotel or home together shows the
opportunity. Again savvy spouses who mean business in the courtroom or actually
make an attempt to strike a deal outside of the courtroom hire an objective
third party such as a licensed Private Investigator to provide evidence of a
spouse's affair.
How will adultery in Maryland help with the end result of my divorce?
An adulterous spouse who gets caught with their
pants down so to speak in The State of Maryland risks their financial status as
well as their children's company. In Maryland adultery may be a factor that
persuades the court to award an injured spouse alimony. Additionally, it can
also be considered when awarding custody of a couple's children if the court
determines the adulterous affair had a harmful affect on their well-being. In
many cases a charge of adultery also provides the injured party a very strong
position to negotiate the final outcome in regard to money/property and child
custody, and even allows the ability to forego the need to actually take the
case to a full trial.
May I name or bring into court the "other person" in the affair?
In The State of Maryland, it is possible for an
injured spouse to name the "other person" as a co-respondent in a divorce suit.
This will in effect cause the co-respondent the need to now hire legal counsel
and respond to the complaint. This tactic does not really have any positive
effect from a legal standpoint, however has proven to be a great negotiation
tool from the standpoint of the threat of bringing the other person into a court
case is generally something the cheating spouse wants to avoid at all cost as it
acts as a source of public humiliation for this "other person" by dragging them
into the proceeding.
What is the law in Maryland in regard to recording telephone conversations?
Here is a question that gets asked a lot and we find
there are many misconceptions as to what the actual law is. We hear things such
as "my attorney said it's ok" or "it's ok as long as one person is aware they
are being recorded" The fact remains it's NOT legal to record telephone
conversations.
Under Maryland's Wiretapping and Electronic
Surveillance Act, it is unlawful to tape record a conversation without the
permission of all parties involved in said conversation. See Body v. North
Arundel Hosp., 945 F.Supp. 890 (D. Md. 1996). In addition disclosing the
contents of communications intercepted when known they were obtained illegally
is also considered a crime.
Violations of the law are felonies punishable by
imprisonment for not more than five years and a fine of not more the
$10,000.
This also goes for much of the technology you may
see on the internet about listening in on ones cellular phone calls. Aside from
the fact it does not work as well as the selling companies would have you
believe it's again illegal. If you are going through a divorce or child custody
issue it's important you paint yourself as the most upstanding person you can to
win approval of the courts. Involving yourself in such illegal activities will
not accomplish this task.
Hiring a Maryland Private Investigator can allow you
to obtain the same information you may uncover from illegal recording, however
everything we provide is legal and completely useful in court or through a
negotiation process.