It’s nearly impossible to obtain direct proof of adultery. To prove adultery in a South Carolina court, one only needs to prove two things: that the spouse had the inclination to cheat and that the spouse had the opportunity to cheat. While both are considered circumstantial evidence, those two factors are enough to file a divorce on the grounds of adultery.
The Inclination to Cheat
The first thing a person has to present evidence for in court is that their spouse had the inclination to commit adultery. This evidence can be in the form of membership to matchmaking or online dating sites or apps. It can also be in the form of text conversations, emails or love letters. In the absence of those things, it’s still possible to prove inclination with the help of a private investigator. A private investigator can capture pictures or video footage of the spouse kissing or holding hands with another person while out in public or while coming and going from a hotel or the other person’s place of residence. Demonstrating inappropriate physical attention toward another is also evidence of the inclination to commit adultery.
The Opportunity to Cheat
The second thing a person needs to prove against their spouse is that they had the time and opportunity to commit adultery. Opportunity boils down to the spouse being behind closed doors with another person long enough to have sexual relations. This can be especially difficult to prove. However, a private investigator can come in handy here as well. A private investigator can perform surveillance and tracking to document evidence of opportunity. By tracking the spouse and documenting their activities, the investigator can provide evidence that the spouse indeed had time and opportunity to commit adultery.
Condoning the Behavior
It’s important to understand that appearing to have condoned the adulterous behavior can have a divorce for reasons of adultery thrown out. Things that show condoning the behavior include reconciling or making up after the adultery is discovered, continued sexual relations after the adultery is discovered, continuing to live together after the adultery is discovered and letters or emails indicating forgiveness for the infidelity. Any of those behaviors can forfeit your right to a divorce under the cause of adultery. Therefore, it’s very important to clearly separate and avoid these activities if you plan to use adultery as grounds for divorce.
While providing direct proof of adultery can be nearly impossible, proving adultery in South Carolina is not. One only needs to prove that the spouse had the inclination to cheat and the opportunity to cheat to be granted a divorce on the grounds of adultery. It’s also important to know what actions can invalidate a divorce on those grounds and to avoid those behaviors. When you need to know the truth, you need Bulldog PI. We can get you the information and documentation you need and the truth you deserve.
