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What is needed to prove adultery?

July 1, 2018

When someone has a sexual relationship with a person other than the spouse, then that person has committed adultery. If you believe that your spouse has committed adultery, there are a few elements that go into proving that the act occurred when you go to court. Even though your emotions might take over your good judgment, it’s important to remember that if you retaliate in a negative manner, then it will make you appear in a negative light when you go to court if you choose to go to court over the incident. Your actions should also be taken into consideration if you plan to file for a divorce. An attorney can advise you about your options for filing for divorce and what you might be able to receive regarding financial support from your spouse.

There are several different reasons as to why couples can file for divorce, such as irreconcilable differences. If you are able to prove that adultery has occurred, then some states will grant an immediate divorce instead of making you wait for the one-year period that is the most common length of time to wait after a separation has been filed. Adultery can sometimes play a role in awarding alimony or in the division of marital property. Talk to an attorney about whether adultery is considered when alimony is awarded because it might not be worth your time and effort to show that the act took place.

Read all of the state laws as some states have different regulations than others regarding the evidence that you need to provide and the statute of limitations if you discover that adultery has been taking place for an extended period of time. Some states have different definitions of what adultery means, so it’s important to understand what constitutes the act and what should be ignored. In some states, a spouse doesn’t have to engage in a sexual relationship to commit adultery. Sexual intimacy is often proof enough of adultery. An example would be if a woman were to share a room with a man she is not married to but has an intimate relationship with of some kind.

Think about why you think that your spouse has committed adultery and the reasons behind the act. Women are often more accurate in their beliefs that cheating in a marriage is taking place while men aren’t as accurate. Some of the signs that adultery might be taking place include a lack of interest in sex, spending more time away from home and using odd excuses to explain the time away, receiving strange phone calls, and going to events alone instead of as a couple.

When you have the proof that you need to make an accusation, take your information to an attorney so that the proper documents can be filed. There are times when you can access your spouse’s emails as well as cell phone records to determine if any kind of relationship outside of the marriage is taking place. There usually isn’t a requirement to catch your spouse in the act of committing adultery. You only need to show that your spouse had the ability and desire in most situations. Most courts do require that you provide more than just a thought or suspicion that adultery is taking place. If there is any kind of proof that shows your spouse has been affectionate with another person, then this will be beneficial when you go to court. Examples include sending or receiving romantic letters or cards, kissing another person, or sharing a bed together. Explore credit card statements to see if there have been any purchases that could be romantic gifts for another person. You can also see whether there have been charges to a hotel room or another location that might be a place where your spouse has met someone else. Keep in mind that you can’t open mail that isn’t addressed to you, but you can take pictures of the mail to give to your attorney if there is anything suspicious. In some states, you can’t look through credit card statements unless you are an authorized user on the account, so keep this in mind when you begin looking for information. If there is anything thrown in the trash, then you can view it because it’s fair game for anyone to read. This is when you can further explore phone records and other information that your spouse might want to hide. If there are any legal concerns, leave the activity to your attorney before going to court about adultery suspicions.

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