Do I Have to Prove My Spouse Is Having an Affair to Get a Divorce in Maryland?

One of the most common reasons marriages break down is adultery. If one spouse, or even both spouses, are cheating, that signals a betrayal of the very commitment that serves as the basis of marriage. But do you actually need to prove adultery as grounds for a divorce?

No. While adultery used to be grounds for a fault-based divorce in Maryland, the legislature abolished that requirement in 2023. That is not to say, however, that adultery may not still play a role in a divorce case.

What Are Grounds for Divorce in Maryland?

Under current Maryland law, a judge may grant an absolute divorce on any of the following grounds:

• the parties have lived separate and apart for at least 6 months without interruption;
• there are “irreconcilable differences” that led to the permanent breakdown of the marriage; or
• the parties mutually consent to divorce and submit a written settlement agreement to the court regarding any outstanding issues, such as division of property, alimony, and child support, if applicable.

Now, adultery can obviously be part of the “irreconcilable differences” that led the marriage to fail. But it is not necessary to prove adultery in order to obtain a divorce based on irreconcilable differences. In most cases, the judge will simply accept the claim of the spouse filing for divorce that the marriage cannot be saved.

Adultery, Alimony, and Property Division

While adultery is no longer a specific grounds for divorce in Maryland, a court may take a spouse’s infidelity into account when resolving certain issues in a contested proceeding, such as spousal support (alimony) and equitable division of any marital property. For example, in deciding whether to award spousal support, the court must consider the circumstances that led to the divorce. So if one spouse committed adultery, that could strengthen the other spouse’s request for alimony. Similarly, if one spouse used marital property to support their affair, that would be a factor the court must consider in determining a fair and equitable property division.

Is Adultery a Crime?

It often surprises people to learn that adultery is still considered a criminal offense in Maryland. The criminalization of adultery actually predates Maryland’s statehood. A 1715 statute enacted by Maryland’s colonial legislature declared the punishment for adultery to be a fine of three pounds (money) or 1,200 pounds of tobacco. If the offender could not pay the fine, they were publicly whipped.

Fortunately, the law is not quite so harsh in 2025. Under current Maryland law, adultery is a misdemeanor subject to a $10 fine. While rarely prosecuted, the Baltimore Banner noted in a recent story that “[s]ince 2015, at least 8 people have been charged with the offense, according to data from the Maryland judiciary.”

Contact a La Plata Divorce Lawyer Today

Regardless of why your marriage is ending, it is important to work with an experienced La Plata divorce attorney who can effectively represent your interests. Contact Fanning Law today at 301-934-3620 to schedule a consultation. We serve clients in LaPlata, Waldorf, and Lexington Park.

Source:

thebanner.com/community/criminal-justice/adultery-crime-maryland-FYUEE5UIS5DOPIWQMHHHFAJSKU/