Proving Adultery in Divorce

Divorce Papers > Divorce Adultery > Proving Adultery in Divorce

As adultery is a secretly performed act; it is usually a tough task to obtain direct evidence, for example, videos or photographs of a couple having sex. The alternative is to have indirect or circumstantial evidence. By doing so, the accusing person proves the intent, inclination and opportunity of adultery. In order to prove adultery, the accusing person must establish that the the other spouse had a wish and tendency to perform adultery as and when an opportunity knocks on the door.

Examples of Proving Adultery in Divorce

The spouse accusing adultery should collect one or more of the following sorts of proofs and present them in the court.

• Cell phone records: These must comprise of a number of records to a specific number. Preferably, these calls must be made at night as this indicates intimacy
• Hotel and Travel records: These must show that the accusing person's spouse and another person have traveled to the same hotel or town
• If possible, photographs of the adulterous couple in public in a position that indicates intimacy
• Are the co-workers ready to provide testimonials that a particular couple seems engaged in a romantic relationship?
• Instant messaging or emails between the adulterous couple

Role of court in Proving Adultery in Divorce

Any evidence that proves an opportunity to commit adultery is inadequate. The court demands a clear, positive and satisfactory proof of the inclination and intent to commit adultery. In this manner, a reasonable person might conclude that an opportunity was present and the couple used it to commit adultery.

The accusing party must be able to prove that the accused has a lustful desire as well the chance to fulfill it. Whether such a wish was gratified can be concluded from other facts.

There is no need for the circumstantial evidence to be so robust that no other probable conclusion can be derived at. However, all that is essential is that the proof must distinctly point to the guilt of the spouse accused of adultery.

Use of Confessions in Divorce Adultery Proof

The courts do not grant divorce on the grounds of adultery only on the basis of confessions of the parties. The intent of the court is to prevent collusion and for this, it needs corroboration of some sort of the confessions. In this regard, adultery as a ground of divorce, the judicial system is guided by its conscience more than by a rule of evidence.

The court does not demand that the corroboration by itself should be able to prove adultery. However, the court expects that the corroboration must tend to ascertain the confession.

The following is an adequate basis for judgment of divorce - a sincere, distinct and clear confession of adultery that is not collusive and is confirmed by some sort of proof like correspondence of the guilty person.

If the adultery of the defendant has been proved, but the plaintiff is also guilty of adultery, such a plaintiff is not eligible for a divorce. This is a situation is reminiscent of the saying that 'two wrongs don't make a right.'

Divorce Papers