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  • Writer's pictureDan Kienker

How do you prove adultery?

Updated: Dec 23, 2021

I often consult with a prospective client seeking a divorce on the Statutory grounds of adultery. The first question I ask is why they think their spouse is or has committed adultery? Invariably they reply, "well, I saw him(her) on his or her computer, and he was looking at nude pictures, or "I caught him at a local Bar and he was holding hands with a pretty girl." This is not legal proof of Adultery in the Family Courts of South Carolina.

The legal standard a person must prove to the Court when seeking a divorce on the grounds of adultery is "opportunity and inclination." What does this mean? Lets say a prospective client comes to my office convinced her husband is committing adultery with his Office Assistant. I ask her why she thinks this? She replies he is always looking at her Facebook Page, talks about her all the time, and she found an amorous letter he was writing to her. Wife may be able to show Husband has the Inclination to have an adulterous relation with is Office Assistant, but can she prove he had the opportunity? No because Wife has no evidence to show they have met after office hours at a local bar, leaving together in her or his car late at night and, maybe driving to a Motel or her house. You have to prove both; Opportunity and Inclination. A Private Investigator can testify at trial that (1) he followed husband's car after he left the office, (2) that Husband followed the Office Assistant to her home address,(3) that surveillance shows Husband and Office Assistant enter the home together, that (4) thirty minutes later the lights are turned off, and (5) Husband leaves Office Assistant's house at 6:00 am the next morning. There's your proof that will hold up in Court.

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