How Do You Prove Adultery in Court?

No matter the reasons behind your divorce, it’s never an easy process. You will still need to go through divorce proceedings and settle your divorce if possible. However, some divorces are different from others. While most Maryland divorces are no-fault, some have a reason for divorce that can be proven in court. Divorces that have grounds can sometimes provide the other spouse with additional benefits in the divorce settlement, such as receiving more or paying less alimony or a better custody arrangement if the children are safer with the parent not at fault for the divorce.

Adultery is one of the five grounds for divorce in Maryland. However, the spouse claiming adultery as a grounds for divorce must prove it in divorce court.

Proving Adultery in Court

Courts don’t usually give much weight to adultery because it can be challenging to establish and frequently involves hearsay. Unfortunately, only adultery that is established in court has the potential to impact divorce litigation. Maryland courts are not usually concerned about adultery and don’t want to get involved with placing blame for unfaithfulness.

Proving adultery in court isn’t typically easy. In addition, if it isn’t executed correctly, it could delay and hurt your divorce proceedings. Worse yet, you could face criminal charges if the way in which you obtained the evidence and found out about the adultery crossed a line. For example, a few divorcing spouses have faced various types of criminal charges for reading their spouse’s text messages or emails.

If you want a fault divorce based on adultery, hiring an experienced Maryland divorce attorney is best. Your attorney can help you gather the evidence you need and present it in a way that the court will be able to understand easily.

For this type of divorce to be successful, you don’t need to actually prove that your spouse was intimate with someone else. Instead, you need to be able to prove that your spouse:

  • Had the disposition for adultery—any public displays of affection between the spouse and another party can be evidence of a disposition
  • Had the opportunity to commit adultery—for example, if you were out of town overnight and your doorbell camera recorded another person entering your home and not leaving until the morning


  • Was impregnated by someone other than yourself or impregnated someone else—which may involve DNA/paternity testing

If you can prove to the court that your spouse cheated, there isn’t a required waiting period for your divorce. Instead, the court can grant it immediately upon examining proof of the affair.

Call a Skilled Maryland Divorce Lawyer Today

No matter what type of divorce you are facing or your reasons for seeking a divorce, it’s always in your best interest to have a legal advocate on your side. A skilled Maryland lawyer experienced in adultery divorce could help a spouse list their reasons for filing and advocate for their legitimacy. The sooner you reach out to an attorney, the sooner they can help put your divorce behind you.

Contact our office today.