What do I have to do to prove adultery as a grounds for divorce?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What do I have to do to prove adultery as a grounds for divorce?

I don’t have any witnesses but my husband admits that he did it and said he will admit it in court if needed. It happened a few years ago, and he deleted most of their communications that I could have used as evidence. I don’t know if his confession will be enough or if I need some other proof?

Asked on September 21, 2011 under Family Law, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

As with any law suit brought, an admission of the party sued that they committed the acts that are alleged in the pleadings is generally enough to prove your case.  But may I ask: is there some reason - other than vindication and I surely understand that here - that you wish to sue him for adultery rather than just go through an uncontested divorce if both of you are willing to do so?  The courts do not generally look at the fault of the parties in deciding property distribution although some states do look at fault for awards of spousal support.  That you would have to check with an attorney in your area.  Good luck.


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