How to Prove Infidelity in Court
Divorce is something that many couples consider when things do not turn out the way they had hoped. That said, divorce is not as cut and dry as most couples think it is. Legally, it can be a real mess. If you live in NYC and plan to file for divorce under the pretense of infidelity, consider a New York divorce lawyer.
If You Have Suffered From Infidelity
Infidelity is hard to prove in court. In order to win, you need to prove that your spouse had every intention of committing adultery, that they were afforded a window of opportunity in which to commit the adulterous act, and that they knowingly and willfully engaged in sexual relations with someone else.
Only certain exhibits can be admitted into evidence, and the lines are often blurred. For instance, digital sexual relations are not grounds for divorce in New York. Even if you could prove that your spouse had been engaged in digital communications of a provocative and morally questionable nature, you would still need to prove that they were physically intimate with that individual on a personal basis.
Legally, you cannot testify against your spouse, and until a divorce is filed, you are required to maintain your spousal commitments. This means that you will need credible and objective witnesses to testify on your behalf. This is when having a New York divorce lawyer is essential. Undoctored images of your spouse kissing, hugging or engaging in intimacies with someone other than you will be scrutinized at a hearing. If these images are determined to be cause for suspicion, the presiding judge will permit that they be admitted into evidence and examined at trial.
Often, circumstantial evidence is enough to prove adultery. Witnesses may testify to the whereabouts of your spouse under direct examination. When did they arrive at the paramour’s place of residence? When did they exit? Were they seen exiting the premises alone or with the paramour? Were they alone or accompanied by a third party? All of these questions will lead to a hundred more. A New York divorce lawyer will walk you through the process from start to finish.
The law offices of Alatsas Law Firm can help you with your divorce proceedings. Just call (718)-233-2903 or fill out a contact form.