What evidence to I need to prove adultery in a court of law?

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What evidence to I need to prove adultery in a court of law?

Asked on November 23, 2012 under Family Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for the situation.  You need to understand something basic to the Maryland law on adultery before we begin.  Under Maryland law, if you continue to have sexual intercourse with your husband after you have learned of the adultery, the adultery is deemed to have been forgiven.  Generally, proving adultery is dependent on the circumstances.  It most always includes testimony from those with knowledge (not just supposition) like co-workers of your spouse.  It can include cell phone records, photos, travel documents (if they went to the same places at the same time) and often computer documents (but that depends on a lot and an attorney has to evaluate that matter to see if the documents are admissible). Good luck.


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