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Know Your Rights When Your Spouse Commits Adultery

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Infidelity is not just done by men, but by women as well. Although cheating is easier to deal with in unmarried couples, it doesn’t go the same with those who are married especially if divorce is included. You‘re most probably thinking, “what are my rights if my spouse commits adultery?” lucky for you, this is what we’ll be tackling today.

Hurt and betrayal are not what we want to experience from our partners, so the first time you caught your spouse committing adultery, here’s what you need to do:

Collect a Proof of Adultery

You can’t go to court without any proof or you’ll just end up losing the case. However, it doesn’t mean that you need to look for sex tapes and such. You can collect evidence such as:

  • Videos and photographs with their paramour.
  • Text messages or chats.
  • Recorded phone calls.
  • Card and bank transactions.
  • Investigate if there’s an illegitimate child.
  • Sexual diseases passed to you from your spouse.
  • Change in behavior and how they speak either personally or through chats and texts.
  • Videos from your spouse’s car cam.
  • CCTV footage from places your spouse and their paramour visited.

File a Divorce

If you opt for filing a divorce, you will need help from a lawyer who’s experienced in adultery laws in Baltimore, MD. If you’ve gathered evidence on your own in a legal way, make sure to give it to your trusted divorce attorney as it will make the process faster and easier. 

Also, make sure to ask your lawyer what actions are seen as adultery in your state. Some countries only see adultery if your spouse had sexual intercourse other than their partner. 


Infidelity won’t determine if you’ll receive alimony or not from adultery, but it will be a factor to consider. Other factors consist of how long you’ve been married, financial capacity after divorce, age, and physical and mental health.

Property Division

If your spouse is called guilty by the court for adultery, their portion for property division may be diminished if they spent money on their affair. However, this varies per state, so ask your lawyer about what will happen in your property division once the case is cleared.

Child Custody

Unfortunately, adultery won’t really affect the cheating spouse’s rights for child custody and visitation. However, if their infidelity causes neglect and mistreats their child, custody will go to the other spouse.

Naming the Third Party

You can leave out your spouse’s lover if they are not needed in court. Also, you can ask your lawyer if you can name them just in case your state made changes about it. This way, you won’t be breaking any rules in court.

What To Do?

Whether you already know your rights or not, always seek assistance from a skilled and experienced lawyer about adultery laws in Baltimore, MD. Not only will they help quicken the process, but they’ll also guide you on what to do throughout the case. If you need help from a professional family law attorney, don’t hesitate to reach out to Fast Divorce Lawyer.

You can contact us by calling (240) 609-9000 / (855) 406-0000 or by filling out the form on our Contact Us page.

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