If there is proof that your spouse committed adultery during your marriage, it may have several potential impacts on your divorce. If this has happened in your marriage, call us at the Law Office of Robert Castro at (301)870-1200. We are family law attorneys in Waldorf, Maryland. Here is some information about how adultery can impact your Maryland divorce.

Grounds for Immediate Absolute Divorce

In Maryland, a couple can seek a “no-fault” divorce which, generally, requires that the couple wait for 12 months before seeking their divorce. However, an immediate absolute divorce can be sought if there are “for-fault” grounds for the Maryland divorce. Adultery is one such “fault-based” reason for an absolute divorce.

Factor Considered by the Judge for Dividing Marital Property, and Awarding Alimony and Child Support

In addition, if there is proof of adultery, that fact can be considered by the Maryland divorce court judge in making several determinations with respect to how the marriage should be ended. Among such determinations are:

• Equitable division of marital property
• An award of alimony from one spouse to the other
• An award of child support (if there are minor children of the marriage)
• Possible issues with respect to hiding or wastage of marital assets

Take the first issue as an example. In Maryland, when a couple divorces, by law, the Maryland divorce court must make an “equitable division” of the marital assets. “Equitable” does not mean “exactly equal.” In making its determination of how to “equitably” divide the marital assets of the couple, by statute — MD Code, Family Law, § 8-205 — the court must evaluate 11 factors, one of which is the “circumstances that contributed to the estrangement of the parties.” If adultery contributed to the estrangement of the spouses, the Maryland divorce court is allowed to take that into consideration in making an “equitable” division of the marital properties. In short, the spouse guilty of adultery might end up with less than an equal split of the marital property. A similar evaluation is permitted by Maryland statutes with respect to alimony. A spouse guilty of adultery might end up paying more in alimony, or receiving less, depending on which spouse committed the adultery.

Adultery might also have some impact on the Maryland divorce court’s decision with respect to custody of any minor children. The test for custody is the “best interests of the child.” So, adultery might not have an impact on what is in the “best interests” of the child. But, it might if the adultery had some negative impact on the child/children. It will depend on the circumstances.

Finally, adultery often goes hand-in-hand with economic issues that might be relevant to a Maryland divorce. Sometimes an adulterous relationship will involve gifts and other valuables given by the guilty spouse to the non-spouse. Depending on the case, that might lead to allegations of wastage of marital assets which can, again, impact the Maryland divorce court’s decision with respect to equitable division of assets and alimony.

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced Maryland family law and divorce lawyer at (301)870-1200. We are Southern MD Divorce Lawyers, Charles County Divorce Lawyers, Prince George’s County Divorce Lawyers, Calvert County Divorce Lawyers and St Mary’s County Divorce Lawyers. Our address is: 2670 Crain Highway, Waldorf, MD 20601.