Maryland Divorce: Does Adultery Affect Child Custody & Alimony? (Frederick & Howard County)
Considering divorce in Maryland after discovering your spouse's infidelity? Understanding how Maryland's laws handle adultery can significantly impact your case.
Maryland: A No-Fault Divorce State
Maryland operates under a no-fault divorce system. This means adultery itself won't automatically grant you an advantage in child custody or alimony decisions. The court prioritizes the children's well-being, so infidelity typically won't affect custody arrangements unless the spouse's actions directly endanger the children. For instance, if a parent left their children unsupervised while engaging in an extramarital affair, that could be a factor considered by the court.
Similarly, alimony awards in Maryland are determined by factors like income disparity and the length of the marriage, not the cause of the divorce. While adultery might be a contributing factor to the marriage's breakdown, it likely won't prevent your spouse from requesting spousal support. The court will consider the financial situation of both parties and determine a fair alimony amount based on established guidelines.
Consult a Maryland Divorce Attorney First
If you're set on divorce, consulting with a qualified Maryland divorce attorney is crucial. They can advise you on the best course of action and help gather evidence to support your case.
Can Evidence of Adultery Help My Case in Maryland?
While Maryland is a no-fault state, building a strong case can be beneficial in negotiations or future court proceedings. Here are some ways to gather evidence of adultery, but remember to always speak with a Maryland divorce attorney first:
Cell Phone & Travel Records: These can show unusual activity or trips that could be linked to an affair.
Financial Records: Unexplained charges or cash withdrawals can be suspicious, but tread carefully to avoid invading your spouse's privacy.
Photographs: While not always conclusive, photos in compromising situations can be used as circumstantial evidence.
Witness Testimony: Credible third-party accounts of your spouse's suspicious behavior with another person can be helpful. However, avoid pressuring friends or family into taking sides
Protecting Your Children During Maryland Divorce
While your children might be aware of the tension, avoid involving them directly in the divorce proceedings. Their well-being should be your top priority. Having them testify in court can be emotionally damaging and may not be necessary. Consider enrolling them in age-appropriate counseling services to help them cope with the changes.
Seek Professional Guidance: Frederick MD Divorce Lawyer
Going through a divorce can be a confusing and overwhelming time, filled with strong emotions. An experienced Maryland divorce attorney can provide invaluable support throughout the proceedings. They can advise you on the best course of action, navigate legalities, and ensure your rights are protected, especially regarding child custody and finances.
Frederick and Howard County Divorce Lawyers
David John Marquardt, a skilled divorce attorney serving Frederick, Howard County, Montgomery County, and Anne Arundel County Maryland, can evaluate your situation and determine the best approach for your specific case. Contact David John Marquardt today for a case evaluation and get the clarity you need to move forward with your Maryland divorce.