To obtain a divorce on the grounds of adultery in Maryland, you must prove that your spouse had the "opportunity" and "disposition" to commit adultery.

"Opportunity" may be shown by your spouse spending time alone with a member of the opposite sex in a residence or hotel. "Disposition" may be shown by some public display of affection or intimate correspondence.

There are 2 defenses which may prevent a divorce based on adultery: condonation (forgiveness) or recrimination (adultery by the claiming spouse).

Adultery is a misdemeanor crime in Maryland. Therefore, a spouse has the right to plead the 5th Amendment and refuse to answer questions about adultery. In such event, the Court may infer that the adultery occurred.

Unlike other grounds for divorce, adultery is a ground that allows for an immediate divorce, without any minimum period of separation required.