Legal Question in Family Law in South Carolina

What evidence is needed to prove adultery in a divorce? Are text messages enough


Asked on 10/11/12, 2:09 pm

1 Answer from Attorneys

Barbara Strowd Barbara A. Strowd, Attorney at Law

To prove adultery you need to show two things: inclination and opportunity. Inclination to cheat can be shown by showing text messages, greeting cards, phone recordings that are romantic in nature that can be proven to be to/from spouse and paramour. Inclination can also be shown with photos of spouse and paramour holding hands, kissing or cuddling. The inclination evidence must show there is a romantic nature to the relationship. Opportunity to cheat is shown by proving that spouse and paramour were alone in a home or hotel (or other place that sex could take place) long enough to have sex. The best way to prove inclination and opportunity is to hire a private investigator to obtain the evidence you need. If you are able to prove the adultery you may be able to get the Court to require the cheating spouse to reimburse you for the private investigator's costs. Good luck!

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Answered on 1/15/13, 8:01 pm


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