Elements of Adultery
You must show that your spouse was inclined to be unfaithful and that he or she had the opportunity to do so. These requirements are often referred to by legal professionals as inclination and opportunity.
Opportunity to Commit Adultery
To provide evidence that your spouse had the opportunity to commit adultery, you must show that they were alone with their lover in a private place for a sufficient period of time to consummate their affair. Probably the best evidence of an opportunity comes through a private investigator getting video evidence of the adulterers being in the same house or hotel room. If a private investigator documents your spouse’s vehicle at their lover’s house and the car remains parked there overnight, you usually have proof of opportunity.
Inclination to Commit Adultery
You must prove that your spouse was inclined (motivated) to have sex with their adulterous partner by providing evidence of sexual desire between them. Proving inclination may be done through “love letters,” texts, social media posts or emails that give evidence of the romantic nature of the relationship, or joining online dating or match making services. Telephone records and credit card statements are also helpful. Another example would be a private investigator obtaining photographs and or video documentation of the adulterers holding hands or kissing each other.
Condonation of Adultery
If a spouse’s actions imply that they “condoned” the adulterous conduct or that they and their spouse reconciled after the adulterous behavior was discovered, they may forfeit any claim they have in getting a divorce on the ground of adultery.
NOTE: The above is not sound legal advice but a brief outline of the basic elements of proving adultery. Always consult with a legal professional.