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Adultery in Maryland?

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tellynova

Junior Member
What is the name of your state? Maryland
I recently left my wife of 11 years, we're both in our 50's, no children involved. I had been very unhappy for several years, and saw no chance of making the marriage work. I'm not claiming to be a saint, but my wife was constantly threatening to leave me if I didn't do this or that, after hearing the threats for so long, you start to believe them. I did not cheat on my wife during our time together. When I left my wife, I contacted my first wife, who I hadn't seen for 30 years. We parted as friends, and until the time of my remarriage, had talked about getting back together. As soon as we started talking, we knew that now was the time. I recently visited her, and although I technically did not commit adultery, under Md. law, I had opportunity and disposition to do so, so I would have a hard time defending myself.
My wife and I both want our divorce to proceed quickly. If she files with desertion as grounds, we have to wait a year from the time I moved out. If adultery is the ground for divorce, it can be granted immediately. We will have a separation agreement in place before anything else happens. My question is this:
If I agree to having committed adultery, will I be liable for anything besides what is included in the separation agreement, or should I avoid this at all costs? My wife and I have agreed to the terms of the separation agreement, what should I do?
Thanks for your help.
 


garrula lingua

Senior Member
you said: I did not cheat on my wife during our time together.

Why, in the world, would you even be considering misrepresenting the truth to the court ?
In most jurisdictions, that's a felony.

Don't lie on any paperwork you are submitting to the court. Tell the truth, in writing, and verbally.
You are making these statements under penalty of perjury - look at the court papers.
 

tellynova

Junior Member
garrula lingua, thanks for your response.
In Maryland, adultery is defined as penetration, which did not occur. However, opportunity and disposition to commit adultery are strong factors in the finding of guilt. When I visited my first wife, there was certainly opportunity and disposition. Although there was no penetration, primarily because of a medical condition I currently have, there was plenty of "fooling around". I would be hard pressed to prove my innocence, and if I pleaded guilty to adultery, I don't feel that I would be perjuring myself.
 

Ohiogal

Queen Bee
tellynova said:
garrula lingua, thanks for your response.
In Maryland, adultery is defined as penetration, which did not occur. However, opportunity and disposition to commit adultery are strong factors in the finding of guilt. When I visited my first wife, there was certainly opportunity and disposition. Although there was no penetration, primarily because of a medical condition I currently have, there was plenty of "fooling around". I would be hard pressed to prove my innocence, and if I pleaded guilty to adultery, I don't feel that I would be perjuring myself.
yes you would. And just saying you committed adultery is often NOT enough to prove it. You want to jump from one marriage to another? Good grief. Wait the year and make sure you know emotionally what you are wanting. But you would be committing perjury. Which is a felony.
 

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