topics
Adultery and Divorce
Proof of adultery is grounds for divorce in most states. Notice, we say 'proof' of adultery. That means you must have more than a vague feeling. Intuition isn't enough.
Adultery is difficult to prove because it requires supporting evidence. It's not enough for both spouses to admit an affair took place: it must be proven independently, using either direct evidence such as photographs and recorded conversations, or circumstantial evidence such as proof of opportunity and inclination. Evidence of any kind is difficult to obtain, however, given the inherent secrecy of an adulterous relationship.
Some spouses hire detectives to help them in compiling evidence, but courts look on that practice with suspicion: the detective is, in the eyes of the court, an employee of the plaintiff and therefore liable to give biased testimony. The testimony of a detective therefore requires corroboration.
Some spouses hire detectives to help them in compiling evidence, but courts look on that practice with suspicion: the detective is, in the eyes of the court, an employee of the plaintiff and therefore liable to give biased testimony. The testimony of a detective therefore requires corroboration.
Similarly, in cases involving sex for hire, the testimony of prostitutes is sufficient only when it can be demonstrated that the witness hasn't been compensated.
Once adultery is proven, action must be quick and decisive. In many states, for example, adulterous relationships fall under a statute of limitations once they're discovered; after a given number of years—typically five—if the spouse has taken no action, the court assumes the adultery was forgiven and it can no longer be used as grounds for divorce.