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This article was co-written by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick has been a civil litigation attorney in California for over 7 years. He received his J.D. from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.
There are 9 references cited in this article that you can view at the bottom of the page.
This post has been viewed 7,028 times.
If you want to divorce your spouse, you need to have good reason to get the court’s approval. Adultery is often justifiable cause in court. If you are going to use the reason that your spouse is having an affair to get a divorce, you will have to prove this in court. To prove it, you must know the legal requirements, the evidence to find and keep, and how to present it in court.
Steps
Hire a lawyer
- You should anticipate what a lawyer can help you with if your spouse has publicly admitted to having an affair. In this situation, the lawyer will only prevent you from talking honestly and openly with your husband about all the issues that need to be resolved. You should also know that if you don’t hire an attorney, the responsibility for providing evidence to the court about your husband’s infidelity will be on you.
- If you have direct evidence of his infidelity and need to draft and file legal papers, then you should hire an attorney. If he denies your allegations, there may be disputes in the divorce proceedings over custody of the children, ownership of property and/or money. If your divorce seems likely to be going through this, an attorney can help prepare legal arguments to ensure you receive the fairest share of the estate. You also need to hire an attorney when you don’t have the time or knowledge needed to produce credible evidence.
- First, you should ask friends, family and colleagues for recommendations. This is a great way to find a good lawyer, provided the referrer is a trustworthy person. If people you know can’t recommend a family law attorney, look online at lawyers.com, npo or findlaw. [1] X Research Resources[2] X Research Resources[3] X Research Resources All of these sites are the place to go to find a good lawyer.
- Second, after you have a list of candidates, you should contact them and schedule an initial consultation. The initial consultation is your chance to learn about the attorneys and ask lots of questions about themselves and your case. Be prepared to pay a consultation fee. Consulting fees usually range from $50-500 (in the US).
- During the search and discussion, if you find it too expensive to hire a lawyer, you may be able to find an attorney who will accept your case on a public interest basis (works for free). Contact your state or local bar association to ask them to find a free attorney. In addition, there are many nonprofit legal aid organizations that can help.
Proving adultery
- First, your husband intends to commit adultery. [11] X Research Source Intention is defined as the tendency to act in a certain way. [12] X Research Source In this case, it was the tendency to act in an adulterous manner.
- Second, your husband has the opportunity to commit adultery. [13] X Research Source Chances of committing adultery mean that your husband has the time and ability to commit adultery in a given situation. [14] X Research Source
- In South Carpina, the courts acknowledge this difficulty and, like most states, do not require direct evidence to convict. [17] X Research Source
- Your husband has the opportunity to have an affair, for example the opportunity to be alone with other people; and
- Your husband intends to commit adultery, which means that with the above situation, adultery is likely to have occurred. [19] X Research Source
- Forgiveness and/or reconciliation can be understood as when you return to live with your husband or write him a letter of forgiveness. [23] X Research Sources
Collect evidence
- The private detective will try to take pictures and find other evidence of his adultery. [28] X Research Sources
Present evidence in court
This article was co-written by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick has been a civil litigation attorney in California for over 7 years. He received his J.D. from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.
There are 9 references cited in this article that you can view at the bottom of the page.
This post has been viewed 7,028 times.
If you want to divorce your spouse, you need to have good reason to get the court’s approval. Adultery is often justifiable cause in court. If you are going to use the reason that your spouse is having an affair to get a divorce, you will have to prove this in court. To prove it, you must know the legal requirements, the evidence to find and keep, and how to present it in court.
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