Any evidence you may secure must establish by the greater weight of the evidence (i.e., preponderance of the evidence) that adultery occurred. Direct evidence of the carnal act is not required and does not have to be witnessed. In other words, circumstantial evidence of adultery is sufficient. However, proof by circumstantial evidence does require that you prove that your Husband and the paramour had both the opportunity and disposition to commit the offense. Examples of opportunity would be spending the night together in the same hotel room, house, etc. Disposition might be a public display of intimacy observed by others that would infer the commission of adultery. Either could be proven by the parties' actions towards each other given the circumstances. Often, private investigators are used to prove adultery by establishing through surveillance the opportunity and disposition. For example, spending the night together and then holding hands or kissing. The rules of discovery could afford the ability to track down the information you would need to prove your case for adultery including by way of example, securing by subpoena e-mails, chat room postings, text messages, credit card statements, phone and hotel records, just to name a few. In fact, discovery could lead to the identity of the paramour who you could then subpoena to trial and/or deposition to further prove your case.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.