You must prove it using evidence (examples: text messages, photographs, emails, etc.) that your spouse committed adultery.
However, if the offending spouse is the husband and a child is born outside of the marriage, this is usually enough to prove a claim of adultery.
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Before filing for divorce, the spouses must have lived separate and apart without cohabitation (living together or having sexual relations) for 12 months without interruption. If a party claims and proves that his or her spouse committed adultery, the court can grant the divorce right away.
Mutual consent is a newer “no fault” ground for absolute divorce. To prove adultery in court, you do not need to show actual intercourse occurred.
Learn more about Residency Requirements for Filing for Divorce in Maryland.
In the past, Maryland law required corroboration of the testimony of the party filing for divorce.
Corroboration was usually provided by the testimony of a third party. A court may enter a divorce decree on the uncorroborated testimony of the party seeking the divorce.