Maryland Divorce ~ Proof Of Adultery
There are two major questions about gaining proof of adultery.
What evidence is needed to prove adultery ?
It isn't likely in the state of Maryland to prove adultery by only eyewitness testimonies. The court may agree if there is substantial evidence brought to court. You must have evidence that proves :
1. The alleged adulterer and the paramour were inclined to commit adultery when the opportunity presented itself.
2. The alleged adulterer and the paramour were together at the same time and place where there were opportunities to engage in sexual conduct.
Does adultery include an extra marital same sex relationship ?
Maryland has a unique response to this question. The answer is no. In Maryland divorce law, "adultery" is stated as voluntary sexual intercourse between a married person and a partner other than the married person's spouse. The true definition of intercourse does not adhere to same sex partnerships as there is not between a man and woman including penetration.
Same sex intimate conduct may not be considered to be adultery in a Maryland court. At the same time, same sex intimacy outside of a marriage could be classified as desertion.
Source : Maryland State Code