Maryland Divorce ~ Adultery
Adultery is sexual intercourse between a married person and someone other than their spouse. In Maryland cunnilingus, fellatio and sodomy are not considered grounds for divorce and not considered adultery. The sexual intercourse must involve the male organ penetrating the female organ, but a completion, so to speak, is not required.
You may need a private detective to prove your adultery case in court. You will have to have a corroborative witness who has no stake in the matter and can tell the court what they have witnessed. Most adultery cases are proven by circumstantial evidence, meaning you have to establish that your spouse had the disposition and opportunity to commit adultery.
If you can only prove the disposition but not the opportunity for adultery the court may think that it is mere speculation. The same is true by proving opportunity and not disposition. Public displays of affection such as hand holding, kissing and hugging may provide sufficient evidence to indicate and adulterous disposition. Adulterous opportunity could be proven by this following example that your spouse was seen entering the house of the paramour at 11PM and not leaving until 8AM.
The co-respondent is the person you are claiming has comitted adultery with your spouse, frequently known as the paramour. The co-respondent retains the right to hire a lawyer and file an answer to your complaint.
Adulterers are not equal under the blanket of the law. In Maryland, adultery could possibly impact custody if the adultery has proven to have impaired or harmed the involved children. Adultery does not affect alimony awards in Maryland but will be a factor in considering the alimony amounts.
If you had knowledge of the adultery and remained in your normal marital living situation then adultery cannot be used as a ground for divorce. The courts feel as you have forgiven the act by continuing to remain in the same household as you spouse knowing the adultery is in progress. If your spouse has other affairs then those can be used as grounds. If your spouse has had several affairs and you only condoned one, you may file on adultery regarding the affairs you did not know about.
Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)