How to Prove Infidelity in Court (2023)

Divorce is something that many couples consider when things do not turn out the way they had hoped. That said, divorce is not as cut and dry as most couples think it is. Legally, it can be a real mess. If you live in NYC and plan to file for divorce under the pretense of infidelity, consider a New York divorce lawyer.

If You Have Suffered From Infidelity

Infidelity is hard to prove in court. In order to win, you need to prove that your spouse had every intention of committing adultery, that they were afforded a window of opportunity in which to commit the adulterous act, and that they knowingly and willfully engaged in sexual relations with someone else.

(Video) How to prove your adultery case

Only certain exhibits can be admitted into evidence, and the lines are often blurred. For instance, digital sexual relations are not grounds for divorce in New York. Even if you could prove that your spouse had been engaged in digital communications of a provocative and morally questionable nature, you would still need to prove that they were physically intimate with that individual on a personal basis.

(Video) अडल्ट्री कोर्ट में कैसे साबित करे!how to prove adultery in court !which types evidence in adultery

Proving Infidelity

Legally, you cannot testify against your spouse, and until a divorce is filed, you are required to maintain your spousal commitments. This means that you will need credible and objective witnesses to testify on your behalf. This is when having a New York divorce lawyer is essential. Undoctored images of your spouse kissing, hugging or engaging in intimacies with someone other than you will be scrutinized at a hearing. If these images are determined to be cause for suspicion, the presiding judge will permit that they be admitted into evidence and examined at trial.

(Video) Can I go to jail for adultery?

Often, circumstantial evidence is enough to prove adultery. Witnesses may testify to the whereabouts of your spouse under direct examination. When did they arrive at the paramour’s place of residence? When did they exit? Were they seen exiting the premises alone or with the paramour? Were they alone or accompanied by a third party? All of these questions will lead to a hundred more. A New York divorce lawyer will walk you through the process from start to finish.

(Video) Why Prove Adultery?

The law offices of Alatsas Law Firm can help you with your divorce proceedings. Just call (718)-233-2903or fill out a contact form.

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What evidence is needed to prove cheating? ›

How Do You Prove It. The person alleging adultery must prove that their spouse committed an adulterous act via direct evidence (e.g., eyewitness accounts; admissions by the guilty spouse and/or the paramour) or, more often, via circumstantial evidence.

Are texts enough to prove adultery? ›

Yes, text messages can be used in court to prove adultery if they provide evidence of an extramarital affair.

Is it hard to prove cheating? ›

Proving adultery took place in your marriage is difficult but possible. Direct evidence (not hearsay) can come in the form of proof, such as eyewitness testimony or the guilty party admitting to the adultery (can be either the spouse or the paramour).

What is the best evidence for adultery? ›

Direct Evidence

This involves concrete proof that a sexual act occurred, such as video footage, photographs, or eyewitness testimony. What is this? Direct evidence of adultery is the most conclusive type of evidence and involves catching your spouse in the act of having sex with someone else.

What can justify cheating? ›

The cheating partner might also justify their actions by pointing out their partner's issues, such as being controlling, having a drug and alcohol problem, or being inattentive. Some might say their partner has been too busy with work or the kids and that they no longer felt prioritized.

Are screenshots of text messages admissible in court? ›

Legal requirements to take screenshots for litigation. Even though it might seem unusual, screenshots are admissible evidence. Yes, you can use them as legal proof, but you can't just present them and expect everything to be okay. Time and date matter a lot in a litigation process.

Can screenshots of text messages be used in divorce court? ›

Take Screen Shots: If you have physical access to the phone or tablet, you can take screenshots of the text messages and use them as evidence. Screenshots are admissible as evidence in court.

Can I get a copy of my spouse's text messages? ›

A husband or wife's text messages can be obtained in a few different ways: A lawyer can send a letter to the cell phone service carrier explaining the need to preserve text messages for a divorce or parentage case. This letter should refer to the Federal Stored Communications Act, 18 U.S.C. Chapter 121, § 2702(b).

How does a private investigator catch a cheating spouse? ›

Private investigators use sophisticated techniques to catch cheating significant others. They can monitor online activity, set up hidden surveillance devices and even covertly follow your partner.

What's the difference between adultery and infidelity? ›

What is infidelity? If adultery only refers to physical sexual contact outside of a committed relationship, infidelity is left to encompass all other forms of cheating. Merriam-Webster defines it as a romantic or sexual relationship with someone other than your spouse or partner.

How to legally catch a cheating spouse? ›

Hiring a private detective is one of the most common and successful methods for catching a cheating spouse. Private investigators typically offer a variety of services, from surveillance to background checks, to help you uncover evidence that your partner may be unfaithful.

What to do if you are falsely accused of adultery? ›

10 ways to manage false accusations in a relationship
  1. Take a step back.
  2. Don't take it personally.
  3. Understand your partner's attachment style.
  4. Connect with your feelings and emotions.
  5. Non-violent communication.
  6. Try to reframe things from their viewpoint.
  7. Establish boundaries.
  8. Check-in with family and friends.
Apr 28, 2022

Which states recognize adultery? ›

In 2022, adultery by some definition is still a crime in 16 states: Arizona, Florida, Kansas, Illinois, Massachusetts, Oklahoma, Idaho, Michigan, Wisconsin, Minnesota, Utah, New York, Mississippi, Georgia, South Carolina and North Carolina. However, adultery is not always defined the same.

What actions are considered adultery? ›

Adultery is a form of extramarital sexual intercourse between a married person and a person who is not a party to the marriage. In a fault divorce, adultery is one of the grounds for divorce.

What to check to catch a cheater? ›

Access their social media accounts and look into the posts, comments, friends, and any information they've shared. Search through their trash or drawers to locate evidence that they have been cheating. Install covert cameras around your property to catch them in the act of cheating.

What tests are done to see if your partner is cheating? ›

Infidelity testing uses scientifically proven DNA analysis to either confirm or deny your partner's faithfulness. First, you will provide the lab technician with a specific item that you believe contains DNA material, such as an undergarment or sheet.

How do cheaters act when questioned? ›

Through their actions, they may try to change their partner's feelings or sense of reality in order to escape blame or consequences. For example, they may use denial to manipulate their partner into doubting their suspicions, and perhaps even shift blame onto the partner by accusing them of being paranoid.

Is there a test to see if someone is cheating? ›

Like all DNA tests, an infidelity test requires a DNA sample. In this case, the sample can be collected from the person who is suspected of infidelity, the other person you believe to be involved, or from a secondary source, such as a cigarette butt, hair, or used dental floss.


1. Lying in Custody Court: How to Combat a Lying Spouse in Court
(Command the Courtroom)
2. Divorce Based on Adultery
(Feldstein Family Law Group P.C.)
3. 6 Ways to Deal with Narcissists’ False Accusations
(Rebecca Zung)
4. I’ve been accused of cheating | A Way To Prove You’re Not Cheating | Dr. Doug Weiss
(Dr. Doug Weiss)
5. When They Deny the Affair
(Lisa Arends)
6. Ways We Have Proven Adultery in Court
(Brown Dutton & Crider Law | Georgia Family Lawyers)
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