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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 even 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 period. By hiring a Licensed Maryland Private Investigator, and then 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. This can be as quick as 60 days in some cases.
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.
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