How to Prove Adultery as a Ground for Divorce


It would be ideal to catch your spouse in the act if you want to use adultery as a divorce ground, but people have succeeded with less-than-ideal conditions. This is because there are other ways of proving adultery, and they include the following.

Eye Witness's Account

An eyewitness testimony is one of the best ways of proving that your partner cheated on you because it is direct evidence. Direct evidence is evidence that, in itself, is enough to prove an event without further evidence. For example, if a friend or a stranger (such as a hotel staff) caught your spouse in bed with another person, then you don't need anything else to prove that the spouse was cheating on you. Of course, this only suffices if your witness is credible, which means their statement is more than likely to be true.

Photo or Video Footage

This is another form of direct evidence that you can use to prove your partner's adultery. It is just that it is not usually easy to catch people committing sexual acts on video or take their photographs. However, if you are lucky enough to find such footage, you can use it to prove adultery. Alternatively, you can commission a private detective to follow your partner around and bring you footage of their illicit liaisons. Note that your footage will have to stand scrutiny; the court will have to be satisfied that it is not edited and is a true representation of what happened.

Circumstantial Evidence

Direct evidence is difficult to come by; people who cheat on their partners often go to great lengths to avoid being seen or captured on video. Luckily, divorce courts also allow circumstantial evidence (indirect proof) when it comes to adultery grounds. In this case, your indirect evidence should prove that your partner had the opportunity and inclination to commit adultery.

Here are some of the things you can use to prove adultery indirectly:

  • Communications, such as emails, text messages and cards, detailing extramarital liaisons of your partner
  • Hotel receipts showing your partner and their love interest in the same rooms
  • Public displays of affection between your partner and their romantic interest

Just because you can use adultery as a ground for divorce doesn't mean that you should do so. Fault divorces tend to be messy and expensive. Therefore, have a candid consultation with your divorce lawyer before deciding how to approach your divorce.

For more information, contact a firm such as Bray & Johnson Law Firm.


3 October 2017

tips for getting through an adoption

Adopting a child is a wonderful way to bring a child into your family and give a child that needs a home a loving environment to grow up in. Unfortunately, the adoption process is not easy to get through. If you fail to file one document, the adoption can be set back by months. This blog will show you what to expect as you work your way thorough the adoption process and give you a few ideas of the things that you should leave up to your family attorney. Hopefully, what I have learned through my two adoptions will help you get through yours with no issues.