What proof do you need to prove adultery?
What proof do you need to prove adultery? Proving adultery took place in your marriage is difficult but possible. Direct evidence (not hearsay) can come in the form of proof, such as eyewitness testimony or the guilty party admitting to the adultery (can be either the spouse or the paramour). There is also circumstantial evidence that can act as proof.
Is texting considered adultery?
So, it would appear that adultery requires a physical relationship and not merely flirting, texting or sexting. While these behaviors may constitute cheating or infidelity, they do not appear to qualify as adultery in the legal sense of the term.
Can you sue the person your spouse cheated with?
The only tortious action a person can file now against the person their spouse cheated on them with is a claim for intentional infliction of emotional distress. Filing these actions during a divorce, or afterwards, is difficult.
Can I name the other woman in my divorce?
The simple answer is no. It is not normally in your best interests to name the other man or woman in your divorce petition, even if you are divorcing on the sole basis of adultery.
