Last Updated on January 13, 2023 by Jason Ben
Infidelity or adultery is one of the major grounds on which a case of divorce can be decided in the court of law anywhere in this world. There are several things to consider while proving infidelity of the spouse in the court for divorcing. These factors are briefly discussed here under before starting to prove infidelity in the court.
One of the valid grounds for divorce is infidelity. So if you want a divorce from your spouse on the grounds of adultery then you will have to prove his/her infidelity by showing signs of an affair in the court. Moreover, it is one of the fastest ways to file for a legal divorce as you will have to wait for at least a year to file a divorce without any fault.
You can submit divorce adultery proof in the court during the divorce proceedings if your spouse has committed adultery. In some states, this information can be used while deciding issues like division of property and alimony. In some states, the spouse who has been proved to commit adultery can be barred from getting any kind of support from the other spouse.
While proving infidelity in the court for divorcing you must know what is proof of adultery in court and how to collect the evidence. In fact, adultery is normally committed secretly so it becomes hard to prove it in the court without solid evidences. Moreover, it is not necessary that your spouse has a sexual relations with someone else. He/she can be intimately attached with you for sexual activities but emotionally attached with someone else. In such case, instead of providing the adulterous activities of your spouse, the court may ask you to prove the tendency of your spouse to commit infidelity as well as the chance to commit that adulterous act.
In such cases, two types of evidence can help you to prove infidelity of your spouse, Direct Evidences and Indirect or Circumstantial Evidences.
Moreover, you must have a reasonable explanation of the facts you are putting in the court to prove the adultery of your spouse as the court may not favor you if your spouse has believable reasons for such activities. Additionally, you must be careful while filing divorce on the grounds of infidelity as courts do not consider infidelity as a valid ground for this purpose. In case one spouse reconciles after knowing about the adulterous activities of the other, it will not be considered as a valid ground for a divorce.
While collecting evidence to prove infidelity of your spouse you will have to take certain careful actions like:
Check texts, emails and letters of your spouse: These messages can be used greatly to prove his/her infidelity in the court. They can provide information about the activities of adultery of your spouse. These messages may include romantic love letters or appointments to meet somewhere to enjoy with each other etc. Recent technological developments have also enabled you to recover even deleted messages to prove your stand. You can use Data Backup & Restore for Android/ iOS devices as a method to recover existing or deleted text messages, WhatsApp messages, list of contacts or call logs to prove infidelity of your spouse.
Evidence of online dating: If your spouse has signed up with an online dating sites like match.com , ashleymadison.com etc. then you can use it as evidence in the court to prove the intention and opportunity for the infidelity of your spouse.
Ask family and friends: In most cases of infidelity, family and friends of the culprit may have some information in this regard. So you can ask family and friends to know in this regard so that you can resent them in the court as evidence. But their witness cannot be accepted by the court unless they have some solid proof to support their statement.
Hire a private detective: If you are unable to gather appropriate evidence yourself then you can hire a private detective to collect evidences on your behalf. He/she can try to collect photos and other materials to support your divorce case in the court.
Wait for the submission of the spouse: If anyhow your spouse admits his/her signs of an affair or tendency of infidelity then you can use this admission in the court as a proof against your spouse for divorcing.
Your work does not end with the collection of evidences to prove infidelity in the court for divorcing. You will have to present those evidences in the court. The court will assess the effectiveness and genuineness of your evidences so that the judge can be convinced about the infidelity acts of your spouse.
You should also ensure that your spouse is not allowed by the court for submitting his/her evidences. Though, your spouse has the right not to be considered guilty, unless proved by the court, but he/she can opt for not to be testified by the court. In case your spouse opts for not to be testified he/she should not misbehave in the court. So you cannot rely on the testimony of your spouse while proving his/her infidelity.
Now let the court testify your evidences. If you have collected evidences with the help of a private detective, family or friends then you should present them in the court to be testified openly. At this moment your evidences will be cross-questioned in the court to know about the actual occurrence of infidelity.
Submission of records as evidence: Along with testifying the evidences in person you should also submit the records collected to prove the infidelity of your spouse with the court. You can use these records to prove the infidelity of your spouse for divorcing.