Can You Sue Your Cheating Spouse's Lover In Maryland?

Published on
October 13, 2020
Written by
Angel Murphy
Category
Divorce

This has always been a topic of discussion in my initial consultations with clients. It's essentially a question of whether or not they can sue their cheating spouse's lover during the divorce? My short answer is no.

Filing Suit on this Basis    

The State of Maryland has ended this as a cause of action for lawsuits, both in the civil and criminal sphere. Whether you suspect or have hard proof that he or she is engaging in adultery with your spouse. This means that you can't sue your cheating spouse's lover.  However, under Maryland law, adultery is a legal justification for divorce. So, while you cannot sue your spouse’s lover, you can use adultery. Adultery used as a grounds or basis to file for a divorce is possible. As long as you can prove the required legal elements to the case.

What are the requirements to file for divorce on the excuse of adultery?

Adultery a fault-based ground for divorce. It's necessary to show the Court that cheating actually happened. You will need appropriate and convincing proof that adultery took place. And it deeply involves in the breakdown of the marriage. For example, an exchange of text messages, emails, and photos between your spouse and a 3rd party. The final proof of a cheating husband would be a child born outside of marriage. A proof that your spouse left the marital home to spend time with his or her lover. This would also form an appropriate and convincing proof. You don't need to catch your spouse and his or her lover in the act. However, you do have to provide some type of proof that will confirm the act of cheating.

How can adultery affect custody?

You should know that while you can use cheating as a basis for a divorce, it will not be considered in custody matters. Even though your spouse may be cheating, Maryland law does not recognize infidelity. It is a custody factor or reason to consider. That includes a parent unfit, to deny access to his or her child(ren), or to deny the parent custody of his or her child(ren). A close parent who always engaged themselves with his family or children cannot be denied due to infidelity. A parent showing up at birthday parties, basketball games, and cheerleading matches also has access that cannot be denied. At the end of the day, the Court will not allow cheating to separate a parent from his or her child(ren). Maryland law takes the stance that a divorce caused by cheating does not affect the co-parenting relationship. If, however, a parent abandons his or her child(ren), this would present a different scenario. The Court would consider this in a custody proceeding. It is important to understand Maryland law. It differentiates between how spouses treat each other and how a parent behaves and takes care of the relationship with his or her child(ren).

How else can divorce affect divorce?

In addition to grounds for divorce, adultery can be used as a basis for alimony and property distribution. Alimony is an award of support that can be uncertain or rehabilitative in the State of Maryland. A family law judge may decide that an adulterer is responsible for paying alimony to the other spouse. A financial discrepancy between parties brought on by marital funds use as purpose of infidelity. Real property and other assets can also be an award to the offended spouse. Other possessions like cars, bank accounts, retirement accounts also included. The Court decides to whom and how the marital property assets will give out. To recap, adultery can be a basis for divorce. It does not affect custody and cannot use to sue a spouse's lover according to the State of Maryland Law.Cheating spouses break a marriage and proving adultery is not easy as it may sound to do. Are you seeking legal action because you are a victim of adultery? A family law attorney can tell you if your evidence is suitable and convincing enough to present in court. The Murphy Law Firm LLC's legal professionals understand the nuances of divorce, child custody, and alimony in Maryland. Maryland Attorney, Angel Murphy, can meet with you to discuss the merits of your case and help you with your legal needs. Contact our office today to schedule a consultation at (240) 493-9116 or send an email to hello@amurphylegal.com. If you are active on social media, like us on Facebook @AMurphyLegal, and follow us on Instagram @AMurphyLegal, and Twitter @AMurphy_Legal.

Angel Murphy

Personable. Passionate. Persistent.

Adultery in Marriage|Can You Sue Your Cheating Spouse?|Cheating as Grounds for Divorce|Cheating Spouse's|Child custody|Child Support|Divorce|Infidelity|Maryland Family Court|Maryland Family Law|Maryland Law|Proof of Evidence|What is Cheating?|Your Spouse and 3rd Party

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