If your spouse has committed adultery and you are looking for a divorce, it's a good idea to be able to prove that he or she was cheating when you go to court. You will have to present the reason for your divorce anyway, and proving adultery can affect things like prenuptial agreements. These are a few things that you can present to the court to prove that your spouse cheated on you.
Submit Concrete Evidence
First of all, if you have concrete evidence, it is important to present it in court. If you are not able to produce this type of evidence yourself, it can pay to hire a private investigator. These are some of the things that you can use as concrete evidence:
- Print-outs of emails or chat sessions
- Copies of text messages
- Telephone records
If at all possible, it is best to compile this type of evidence and present it to the court, since concrete evidence is always more trustworthy than circumstantial evidence.
Take Statements from Witnesses
Even if you do not have concrete evidence of the infidelity, you may have witnesses who have seen your spouse participating in behavior that he or she shouldn't have been participating in. Gather statements and contact information for your witnesses, and give them to your attorney. Your attorney may also ask your witness to come to court to talk about what he or she has seen or heard.
Provide Circumstantial Evidence
Even if you do not have direct proof of infidelity, circumstantial evidence might be enough to prove to the court that your spouse was unfaithful. For example, if you have proof that your spouse was spending money and hiding it from you or if you can recount times when your spouse "disappeared" or was not where he or she claimed to be, these things can be used as circumstantial evidence. Jot down notes as you think of things that might help your case and bring them with you to court -- during a high-stress situation (such as divorce court), it can be easy to forget things.
If you are able to prove to the court that your spouse was unfaithful to you during your marriage, you can help ensure that things turn out properly for you when you get a divorce. If you're looking for more tips for handling your upcoming divorce, consult an attorney like Law Office of Jared T. Amos.