Infidelity is a significant factor in many divorce cases. Not only is it a common reason cited for seeking a divorce in the first place but it often remains a point of contention throughout the entire divorce process as well.
Maryland is a no-fault divorce state, meaning that couples can file for divorce without proving wrongdoing. Even so, adultery and infidelity can still influence the outcome in several ways.
Seeking an at-fault divorce
In Maryland, infidelity can serve as grounds for an at-fault divorce. If one spouse can prove that the other committed adultery, the court may grant the divorce based on that fault. This can speed up the divorce process, as Maryland requires a 12-month separation period for a no-fault divorce but has no such requirement for a fault-based divorce.
Influencing alimony decisions
Maryland courts consider multiple factors when awarding alimony, including the conduct of both spouses during the marriage. If a spouse’s infidelity contributed to the breakdown of the marriage, the court may reduce or deny alimony to that spouse. However, the court will also weigh other factors, such as the financial needs of each spouse and their ability to support themselves.
Determining property division
Maryland follows the principle of equitable distribution for matters of property division. This means that the court will strive to divide marital property fairly but not necessarily equally. While infidelity alone does not guarantee an unequal division of property, it can be a factor the court considers, especially if the unfaithful spouse used marital assets to support the affair.
Swaying child custody considerations
The primary concern in custody cases is the best interests of the child. If a parent’s infidelity negatively affects their ability to care for the child or creates an unstable environment, the court may award custody to the other parent. However, the court will focus on the overall well-being of the child rather than simply punishing a parent for infidelity.
Statistics suggest that as many as 60% of divorced couples cite infidelity as a reason for their separation. While Maryland allows for no-fault divorce, adultery remains a relevant factor in many divorce cases, influencing how the court makes its decisions.