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In most cases, you do not need to go to the court and file for separation.Rather, you simply need to live apart and not have sex with each other.Videotaped evidence of anyone who wasn’t aware they were being recorded is not admissible in court.In other words, you can’t show the judge the footage you shot with your cell phone to prove that your ex is having an intimate relationship with someone, unless your ex is fully aware that footage was being shot.You and your spouse will need to live apart from each other for at least a year.Record the date in which you or your spouse moved out, and obtain documentation that proves you or your spouse lives in a new dwelling.Supplying evidence that the court takes seriously may be challenging.If your ex or anyone looks in your windows or doors and tries to videotape you, they likely won’t be able to use this type of evidence against you.
After a year of this arrangement, you may file for divorce.
To further complicate matters, the Uniform Code of Military Justice has its own laws regarding adultery among members of the United States military.
Dating might be adultery before a divorce is final -- but it might not be.
In many cases, proving that adultery is taking place while you are separated won’t really hurt you or your ex much.
Maryland is a “no-fault” state, so even if adultery is proven, the other party will not receive anything more than he or she would otherwise.