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How to Prove Adultery in an Alabama Divorce

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Divorce Law
Post Author Image This article was reviewed and approved for publication by Attorney Charlotte Christian.
how to prove adultery in court

Adultery is one of the worst betrayals a person can suffer in their life. Perhaps even worse, however, is having the suspicion that your spouse is cheating without being able to prove it.

Things get even more complicated when you’re considering divorcing your spouse in court for adultery. Even if you’re sure they are cheating on you, how do you prove adultery in court?

If you’ve been wondering how to prove infidelity in a divorce case, then read this article. Our Huntsville, Alabama divorce lawyers will explore the possible types of evidence you can use to prove divorce. If you’re looking for more detailed answers or a tailored review of your situation, contact our firm online or call (256) 859-7277 today. 

What Is Proof of Adultery in Court?

Given its unique pro-family culture, it should be no surprise that Alabama courts see adultery as a game-changer in divorce cases. That’s why the Alabama Code lists adultery as both a criminal offense and grounds for a fault-based divorce.

However, the law demands more than mere accusations. Therefore, the burden of proof lies on the accusing party. Courts require concrete evidence to substantiate the claim of adultery. But how do you provide proof of cheating for divorce cases?

Simply put, you have to have convincing proof of at least one act of sexual intercourse between your spouse and someone else. Or as an Alabama court once put it, the party must provide evidence that leads “the guarded discretion of a reasonable and just mind to the conclusion of adultery as a necessary inference.”

To meet this standard, you can rely on two kinds of evidence. The first and more persuasive form of evidence is direct evidence. Direct evidence could include emails, texts, photographs, or videos that explicitly establish the adulterous sexual relationship. Witness testimony, particularly from a private investigator, is another formidable example of direct evidence. 

How Much Circumstantial Evidence Is Needed to Prove Adultery?

In most cases, however, direct evidence is hard to come by. By its very nature, adultery shrouds itself in secrecy, leaving only circumstantial evidence in its wake. So how much circumstantial evidence do you need to prove adultery?

Unfortunately, there’s no simple answer to this question. The answer lies in understanding the concept of circumstantial evidence. Unlike direct evidence, circumstantial evidence doesn’t directly prove the fact in question. Instead, it proves a set of surrounding circumstances from which the existence of the fact can be inferred.

In the context of adultery, circumstantial evidence might include phone records demonstrating frequent, late-night calls to a certain number. Another example might be hotel receipts, unusual spending patterns, or a sudden change in behavior, such as increased attention to personal appearance or unexplained absences. 

Although it can also serve as direct evidence, witness testimony can serve as valuable circumstantial evidence. Perhaps your neighbor glimpsed your spouse rushing to a restaurant after they told you they were heading to a work conference. Or maybe your child noticed your spouse buying expensive gifts for someone outside the family. 

Each individual piece of circumstantial evidence might seem insignificant on its own. But these pieces can paint a vivid picture of adultery when joined together. In any case, the quantity of circumstantial evidence is not as important as its quality. In other words, don’t focus on presenting a mountain of weak evidence. Rather, work with a qualified family attorney to present compelling evidence that strongly suggests “adultery as a necessary inference.”

Still Curious About How to Prove Adultery in Court? Contact Us Right Away

The task of proving adultery in an Alabama divorce is an intricate and complex one. As such, it requires a keen understanding of the law and a careful discovery and presentation of the evidence. Consequently, it’s imperative you consult a seasoned Alabama family law and divorce attorney if you are dealing with a potentially adulterous spouse.

Here at The Law Offices of Charlotte Christian and Associates, we are deeply experienced with the ins and outs of Alabama divorce law, including the law surrounding divorces. We know how to weave together the threads of circumstantial evidence and direct evidence into a compelling narrative. And we know when and how to present this narrative effectively in a courtroom.

In addition, we also know first-hand the level of pain and confusion that often accompany allegations of adultery. Because of that, we’re dedicated to offering you not only our legal expertise but also our compassion and understanding. We’re passionate about giving you a voice and allowing you to defend your rights. 

Don’t spend another moment wondering about whether your spouse is faithful. Call (256) 859-7277 or reach us online to set up an initial consultation.

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