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Acceptable legal documents proving adultery for those that wish to admit it?

Frederick, MD |

My husband wishes to admit his adultery so we can expedite our divorce and avoid the 1 year separation requirement (in Maryland). His lover will corroborate the affair. What legal document(s) do they need to sign so the court will accept it? Some kind of simple affidavit signed and notarized by a lawyer? To complicate matters, his lover lives in Canada so will the US court accept the foreign document?

Attorney Answers 3


  1. The normal way to proceed is to have the adultery corroborated by someone other than the Husband and Wife who are divorcing. It could be a neighbor who observed the adulterer going to the lover's home, or vice versa, and that witness then testifies in court to corroborate the facts that form the basis for an Absolute Divorce based on adultery. Or the corroboration could be provided by the lover.

    Whether a court will accept any other means of corroboration by a witness who provides an out of court document, is doubtful, and likely will not be successful. Such a document would be subject to the problem of hearsay and a judge will likely not accept the document as a basis for corroboration of adultery. The husband should pay to have his lover go to court and testify in corroboration of the adultery. That is the best and cleanest way to do it.

    You should consult with an attorney for legal advice based on all the relevant facts, not just the facts which you are able to relate here.

    Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California. Office: (410) 381-1656. David Mahood, Esq.


  2. File a Complaint for Absolute Divorce and have your husband file a response stating that he doesn't contest it. A hearing will be set, and at that time your husband can bring in a witness to corroborate the affair. You might be able to have testimony taken by video to be presented at court if your husband wants his lover to testify.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.


  3. There is not a legal document that can be entered into Court. Testimony has to be provided in order to obtain the divorce. It is possible in some courts (you would need to get the court's permission) to have a witness present via telephone. I have done so in one case and I was required to get permission of the Court, to have a notary at the other end to verify the person (credentials had to be provided ahead of time) and then that person swore in the witness and we asked questions. Issue was military overseas, and the Court permitted it

    This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you because you have not yet retained me, and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is provided as GENERAL INFORMATION ONLY, and to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. If you want me to provide legal advice, then you must call for a Consultation. If you would like me to represent you, then a Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required.

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