We all know the drill. An individual is going through a divorce. His or her spouse has been having an affair. During the case, the adulterous spouse invokes his or her Fifth Amendment privilege against self-incrimination. It is frustrating. The Court can infer adultery has occurred, but that’s about it.
How would you feel if the Maryland Legislature de-criminalized adultery, so that a spouse could no longer take the Fifth?
Surprisingly, this is a bigger topic than you might think.
Did you know that no country in Western Europe has a law criminalizing adultery? Did you know there is a worldwide push to decriminalize adultery? Did you know that historically, including the Old Testament, women were sentenced to death if found guilty of adultery?
And did you know that even today, women, primarily, are physically and legally punished in several countries for the same thing?
The United States is split on the matter, with more and more states taking ancient adultery laws off the books.
Regardless of whether adultery is decriminalized in Maryland, the existence of an affair can be important in several aspects of a divorce case, including the consideration of alimony and the distribution of assets. There are even limited times when adultery can be raised in a custody case.
More than ever, if adultery is an issue in a divorce case, you need to seek the advice of a highly experienced family law attorney. The divorce attorneys at Milstein Family Law can guide you, step by step, in generating options for moving forward.
Call (410) 792-2300 or fill out the form to contact us today!
