Adultery Evidence in Divorce Processes
Divorce requires a legal reason – or grounds – for it. If you have adultery evidence, you generally should use it as grounds for a divorce.
Because adultery evidence alone is generally a sufficient cause for a divorce. The law states that a marriage can be dissolved either by mutual consent or when proof of breakdown is presented. If there is no mutual consent, or the court decides there are not enough ground for a divorce, it might dismiss the petition – especially if children are separated from one of the parents. On the other hand, providing the court with photographs or written testimonials as adultery evidence is much, much more convincing than simply stating that your partner is emotionally distant from you. Plus presentation of solid proof could play a crucial role in subsequent property division or alimony issues.
So while a judge might accept less tangible proof of marriage breakdown, you should try to obtain adultery evidence to present to the court.
However, not all evidence is created equal.
The court will be less impressed by presentation of a single photo of your partner and his lover dining together in a restaurant as an adultery evidence than by a large pile of testimonies from the restaurant staff proving they were consistently having romantic dinners together. Even small details like what they have ordered could tip the balance in your favor. Generally consistent adultery evidence is much more convincing than incidental reports of your partner and his lover being together. Getting consistent evidence, however, is hard – you must dedicate a lot of time and effort to stalking your partner, constantly seeing him cheating on you can be very stressful, and there is a chance you will be noticed. Being noticed is bad – it causes cheating partner’s suspicion, which will make subsequent gathering of adultery evidence much harder. Turning to a private investigation agency in such situations is a good idea – divorce suits and getting adultery evidence is their bread and butter. Most likely they have a lot of investigators experienced in collecting adultery evidence that will win the divorce suit for you.
Adultery evidence can be divided into following categories:
• Visual evidence – such as photographs or videos – is the best, most solid proof. Photos or videos of your cheating partner and his lover having sex is irrefutable and will win the case for you. Unfortunately, it’s hard to get – you will most likely need expensive special equipment for this. Turning to a private investigation agency will solve this – they will gather adultery evidence fast.
• DNA evidence – if you have doubts as to parentage of your child, DNA tests may provide a solid proof of adultery. However, it is generally inadvisable to involve children in adultery cases, as it is very stressful for them and for their parents.
• Records, like travel records, phone records or restaurant bills can serve as additional evidence. You could bring phone records showing your partner has dialed his lover’s number often as secondary adultery evidence to the court. While it might not be enough to win a case, it can tip the balance in your favor.
• Written testimonies – these include testimonies from restaurant or hotel staff. Showing the court written proof that your partner and his lover frequent a hotel or a restaurant together is decent adultery evidence. You may even get a written testimonial from your cheating partner’s friend who knows about the affair.
• Emails and chat messages, while not terribly convincing – in most cases they are easy to fake – may be worth showing to the court.
Generally if you think the cheating partner will contest the divorce, it’s best to get as much adultery evidence as possible. However, it’s very easy to make a mistake or overlook something if you’re not a veteran of ten divorces ended because of adultery. The best way to proceed here is to ask for help from a private investigation agency – they are very experienced in gathering adultery evidence that will win your divorce case.