What Do You Need To Prove Adultery In A Divorce

5 Mins Read May, 05 2023 Posted by Debkanya Bhattacharya

Lack of commitment, conflict/arguing, abuse, and adultery are some of the most common reasons for couples getting a divorce. Especially when you find out that your spouse with who you have spent several years is cheating on you can be heartbreaking and devastating.

Of course, this can also hinder you from looking at the true picture without being emotional. In addition to hiring an expert family lawyer, read this article, where a reputable Australian detective agency will share some insights on proving adultery.

Let’s begin exploring what you need to prove adultery in a divorce to make the process a whole lot easier for you. 

File the Paperwork and Provide Evidence

Filing for the divorce petition will be your first step in starting the divorce procedure. However, in case of adultery, you will also need to provide evidence that adultery actually did take place between your spouse and another person.

You can show pictures or videos of your spouse being affectionate with the other person. Other pieces of evidence include tickets booked for their vacation, copies of emails or text messages, records of phone calls, and even bank card statements showing the purchase of gifts for the person they are cheating with.

However, keep in mind that this alone may not serve as legally-acceptable evidence. You will need to also prove that your spouse had the chance or opportunity to commit adultery along with this evidence. For example, an overnight stay at the hotel or pictures/GPS evidence of them checking into the hotel together.

Evidence can also be provided by a third-party witness or even if your spouse or their lover themselves admit they committed adultery.

Make Sure the Evidence Is Legit


Whether you use a keystroke recognition software to obtain your spouse’s email password, guess their phone’s password, set up a fake social media profile to keep an eye on your spouse’s activities, or even acquire evidence through threats, they all will be unacceptable in court.

Why? Because they have been illegally obtained. Therefore, they won’t hold any legal grounds, and you may even be fined for this. You must show the court that you collected the evidence in a legal manner without breaking any laws.  

Hire an Attorney

You must make sure that you get in touch with a professional family law attorney who has a lot of experience in adultery cases and has a great record.

They will not only help you throughout the process and guide you with all the paperwork and other legal complications but also make sure that you quickly and successfully end the divorce process. They can also help you collect evidence the legal way.

…Or Hire a Private Investigator

Of course, you will need to hire an experienced lawyer to take care of the case. However, a private investigator can make it all even easier, and they will be able to gather evidence in a legal manner that will be admissible in court.

Moreover, they won’t be emotionally attached to the case as you would be, so they will professionally handle everything related to gathering evidence for your peace of mind and to prove your partner’s adultery. They may also be able to uncover their hidden assets!

Frequently Asked Questions (FAQs)

Here are the frequently asked questions related to providing adultery in a divorce:

Q1: What exactly is adultery in the context of divorce?

A: Adultery in divorce refers to one spouse engaging in a sexual relationship outside of their marriage without the consent or knowledge of the other spouse. It’s a significant ground for divorce in many jurisdictions, but let’s dive into the frequently asked questions to understand it better.

Q2: How do I prove adultery in a divorce case?

A: Proving adultery can be tricky, as it often involves delicate matters. Generally, you need evidence like text messages, emails, photos, or eyewitness accounts to establish a clear connection between your spouse and the alleged paramour. Keep in mind that laws on evidence may vary by location.

Q3: Do I need to catch them in the act?

A: No, you don’t need to catch them in the act. While it might make for compelling evidence, other factors like text messages, hotel receipts, or even their own admission can be sufficient to prove adultery.

Q4: What if my spouse denies it?

A: If your spouse denies the allegations, you’ll need to provide solid evidence to support your claim. Adultery cases often come down to the credibility of evidence and witnesses, so it’s crucial to be thorough and honest in your approach.

Q5: Can emotional affairs be considered adultery?

A: Emotional affairs can be considered adultery in some jurisdictions, especially if they involve a level of intimacy and exclusivity typically associated with romantic relationships. However, proving emotional adultery may be more challenging than physical adultery.

Q6: Does adultery affect property division and alimony?

A: Yes, it can. In some places, adultery can impact property division and alimony decisions. For example, it might influence how assets are split or whether one spouse is entitled to alimony. Consult with a local attorney to understand how adultery might affect your specific case.

Q7: Can adultery impact child custody arrangements?

A: Adultery usually doesn’t directly affect child custody decisions unless it’s proven that the extramarital relationship negatively impacts the children. Courts prioritize the best interests of the child when making custody determinations.

Q8: Is it worth pursuing an adultery claim in my divorce?

A: Pursuing an adultery claim depends on your specific circumstances and jurisdiction. It’s essential to consult with a qualified attorney who can assess your case’s merits and advise you on the potential benefits and risks of pursuing an adultery claim.

Q9: Can my spouse use my adultery against me in the divorce?

A: Yes, if you’ve engaged in adultery, your spouse can use it against you in the divorce proceedings, potentially affecting property division, alimony, or child custody arrangements. It’s crucial to be aware of the potential consequences.

Q10: Are there alternatives to proving adultery in a divorce?

A: Yes, many jurisdictions offer “no-fault” divorce options, where neither spouse has to prove fault or wrongdoing. In these cases, the focus is on the irretrievable breakdown of the marriage rather than specific acts like adultery.


In summary, proving adultery in a divorce can be complex, but it’s not impossible. Gathering solid evidence, consulting with a knowledgeable attorney, and understanding your jurisdiction’s laws are all essential steps in addressing this issue. Remember that divorce is emotionally challenging, so seek support and guidance from professionals and loved ones throughout the process.

Going through a divorce due to adultery is something you don’t want to go through. However, with the help of the right attorney and even a private investigator, you can speed up the process of gathering evidence against your spouse and successfully winning the case without much waiting time. 

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