Maryland Attorney General Opinion 100OAG105

Gen. 105] 105 FAMILY LAW DIVORCE – WHETHER SAME-SEX MARITAL INFIDELITY CAN QUALIFY AS ADULTERY FOR PURPOSES OF FAMILY LAW PROVISIONS GOVERNING DIVORCE July 24, 2015 The Honorable Luke Clippinger The House of Delegates of Maryland You have asked whether the term “adultery” under Maryland law includes a spouse’s extramarital sexual infidelity with a person of the same sex. Although the concept of adultery has significance in both criminal law and family law, the State’s criminal prohibition against adultery has fallen into disuse, so we will focus on the definition of adultery for purposes of…