If a spouse admits to affair is any other evidence required?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a spouse admits to affair is any other evidence required?

Will name of 3rd party have to be revealed?

Asked on January 5, 2016 under Family Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends: will the spouse admit it *in trial* or *during a deposition* or in other official court/legal proceeding? If so, that admission would be enough for most purposes. But if the spouse will NOT say it in court and denies it, then a prior, out-of-court admission will not help, since such prior, out-of-court admission is hearsay and is generally inadmissable. While there are some exceptions to get hearsay into court which may apply here, even when it is allowed, spouse A saying that spouse B told him/her about an affair will carry little weight--since spouse A has an obvious bias and incentive to say this--in the face of spouse B's in-court denials. So if the cheating spouse has or is expected to deny the affair in court, other evidence and testimony--including details about the identity of the other party--would be needed.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption