Proving Adultery As A Ground For Divorce

Adultery makes a good ground for divorce – if you can prove it. Unfortunately, proving adultery isn't an easy thing; in fact, it is one of the common reasons some people opt to file for no-fault divorce even when adultery is their actual reason for seeking a divorce. Here are the two major ways of proving adultery during divorce:

Direct Evidence

This is the best evidence you can have if you are accusing your partner of cheating on you. Just like the name suggests, direct evidence provides irrefutable proof of the alleged sexual act. Here are classic examples of direct evidence for adultery:


A private investigator can get you pictures of a sexual liaison between your partner and another person or other people. Other sources of such pictures include screen grabs from footage from a security camera, dashboard camera or an eye witness camera.

Video Footage

This may be obtained in a similar manner as pictures, but video evidence may be stronger than picture evidence.

Eye Witness Testimony

You can also get eye witness testimony from those who witness your spouse's liaison with another person. This is one of the strongest evidence, and if you can get it, though it isn't easy to come by.

Communication Your Spouse and the Other Person

Emails or text message exchanges between your partner and their romantic partner may also be used as direct evidence. For this to work, the communication must be about an act that has already occurred, and not about what your spouse is planning to do.

Indirect Evidence

This is circumstantial evidence, which doesn't point directly to your partner's alleged act, but rather points to some facts or acts that can be interpreted to mean your partner committed adultery. As far as adultery is concerned, it is easier to get indirect evidence than it is to get direct evidence.

An opportunity to commit adultery may be used to prove adultery if your spouse had already shown the inclination to commit the act. For example, romantic communication between your spouse and their romantic partner shows that your partner has the inclination to commit adultery. Now, if you can prove that the two locked themselves in a hotel room for some time, you can use this as an indirect evidence of adultery.  Other examples of indirect evidence of adultery include travel records, hotel receipts, and romantic messages, among others.

It's not advisable to go looking for evidence against your partner on your own; the evidence you obtain may be illegal and you may also get hurt. Instead, tell your divorce lawyer about your suspicions; let the lawyer decide how to get the evidence (for example, by involving a private investigator). Work with a lawyer, such as Moore Robert G Attorney at Law, for more help.