Annapolis, MD asked in Divorce for Maryland

Q: married 18 months- moved out 12 months ago-we have no joint debt, kids, homes, bank accounts ...nothing between us

we are in the process of filling for absolute divorce. so the question is ...if one commits adultery can anything be done to that person financially?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: Adultery is a crime which is almost never prosecuted. The maximum penalty is a $10 fine. In divorce, it can be the grounds for receiving a judgment of absolute divorce, but the proof required is often difficult to establish under the rules of evidence. It may also be considered as one of 10 factors when there is a basis for awarding alimony and deciding on an equitable division of marital property. It is not used to determine a punishment or award compensation. Under your facts, and given the extremely short duration of your marriage, simply filing a signed separation and property settlement agreement along with a petition for mutual divorce would be the fastest and least expensive means to end your marriage and move on. Litigating allegations of adultery will be a long, expensive and emotionally exhausting process unlikely to lead to any monetary benefit for you.

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