QUESTION

How do I prove adultery?

Asked on Jun 30th, 2014 on Divorce - South Carolina
More details to this question:
I am divorcing my husband. I have an email with naked pictures of him responding to explicit ads online, asking for sex, giving his cell number, etc. Would this be considered proof of adultery?
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1 ANSWER

In South Carolina Family Courts, mainly Two (2) things are needed to prove adultery: 1) inclination and 2) opportunity. As an attorney that practices family law, I can say that, depending upon the etc. in your description of the facts, you may likely have the evidence needed to prove both the inclination and the opportunity. There are certain procedural things that may be difficult for a layperson to understand as far as how to get the evidence successfully introduced at a contested final hearing (and/or a temporary hearing for that matter) so that the Court might be able to consider the evidence. You should consult with a local attorney as soon as possible in regards to this matter. I do hereby clearly advise against any reliance on this information as advice or the application of it to a specific situation without a more thorough consultation with counsel.
Answered on Jul 02nd, 2014 at 8:49 AM

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