Saturday, January 2, 2010

The Truth about Adultery

I get calls from potential clients who want me to, "prove adultery so he/she gets nothing." "Nothing" could be further from the truth.

Proving adultery DOES provide for a quicker divorce. In Maryland, divorce on grounds of adultery may be granted in 90 days. Under other grounds, the waiting period is at least 1 year.

Proving adultery DOESN'T guarantee you "the gold mine," and your cheating spouse, "the shaft." Proving adultery WON'T guarantee you get custody of the children and WON'T eliminate your responsibility to pay child support. Proving adultery WON'T disqualify your spouse from receiving alimony.

That said, there are circumstances where proving adultery may be beneficial. Divorce is about SETTLEMENT. Very few divorces are decided by the Court. Knowledge and information is beneficial to your ability to negotiate a SETTLEMENT. In certain instances, proving adultery may motivate your spouse to SETTLE rather than continue to litigate.

If you believe your spouse is unfaithful or you are contemplating a divorce for other reasons, BEFORE contacting a private investigator, speak with an attorney.

The attorney will discuss the various grounds, of which adultery may very well apply. During this meeting the attorney will help you determine if the expense to prove adultery, "at the end of the day," is worthwhile.

On the other hand, if you just, "gots to know," by all means, contact a reputable private investigator.

Most people enter a divorce with no prior experience. You will rely on your attorney and private investigator to advocate tenaciously and investigate thoroughly. In the long run, it will be money well-spent so long as the EXPECTATIONS established are REASONABLE and ACHIEVABLE.

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