Adultery must be proven by a preponderance of evidence at trial. While preponderance of evidence is a low evidentiary bar, it is not enough that your spouse admits to committing adultery, even if the admission was written or recorded. You generally need corroborating evidence and must be able to prove, either by direct or circumstantial evidence, the person with whom your spouse had an adulterous relationship and the times and places the adulterous acts took place. While direct evidence of an adulterous act may not be available, circumstantial evidence of opportunity to commit adultery (e.g. spouse and paramour were alone in a setting conducive to sexual relations) and the existence of an intimate relationship (e.g. hugging, kissing, intimate texts, etc.) may be sufficient to prove adultery by preponderance of the evidence. Courts may consider the testimony of the alleged paramour, the testimony of a private investigator, testimony of other witnesses who know the parties to the affair, and any photos or recordings showing either the act itself or opportunity thereof.
If you believe your spouse has committed adultery, and you want to pursue an immediate divorce on those grounds, contact the Lawrence Law Firm at 318-232-4000 to schedule a consultation and to discuss your options.
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