Proving an Adultery/ Infidelity/ Cheating Spouse / Affair Case!
According to Louisiana Civil Code .”.. a petitioner shall be granted a divorce upon proof that the other spouse has committed adultery. By definition, adultery is a “violation of the marriage bed; sexual intercourse between a married man and a woman not his wife, or between a married woman and a man not her husband.” State v. Jack, 596 So.2d 323, 326 (La.App. 3 Cir.), writ denied, 600
Generally speaking proving adultery requires that you show proof of an intimate relationship with a third party. In most cases we must show that the two parties were alone for a long period of time in a house, hotel, motel, etc. In proving your case we often provide time stamped photos that show the couple going in and coming in/out of the house/motel/hotel, hence proving time. A qualified investigator will also try to prove through photos or video some sort of intimacy in public, such as kissing.
Jurisprudence mandates that the one alleging adultery has the burden of proof. Furthermore, “[t]he facts and circumstances must be such as to lead fairly and necessarily to the conclusion that adultery has been committed as alleged in the petition, i.e., the proof must be so convincing as to exclude any other reasonable hypothesis but that of guilt of adultery.” Lewis v. Lewis, 446 So.2d 995, 997 (La.App. 3 Cir. 1984), citing Helms v. Helms, 349 So.2d 441 (La.App. 3 Cir. 1977).
Suspected adultery cases can often be difficult to prove on your own without the help of a investigator as your spouse will likely be cautious of your whereabouts & take care to not be seen by friends and family when with the person they are having an affair with. In addition if you try proving it yourself emotions will run high and confrontation/anger/violence is a common reaction which can lead to charges and will work against you in the divorce. It is best to hire a investigator who can gather the proper information, guide you through the process and provide you with the proof that will best serve you.
Generally speaking courts will only recognize a license investigator or someone certified or qualified to do surveillance work In Louisiana. Family, friends or any one not qualified under Louisiana law can be subject to the stalking laws which carries a penalty of jail time.
The proof of adultery has been known to factor into some outcomes of divorce including:
- Alimony (Spousal Support)
- Child Custody
- Division of assets
- Automatic Divorce (Not having to wait a grace period)
The above is based on my experience of being an investigator. We are not Attorneys or Lawyers practicing Law. If you would like more information, please call or come into our office for a free consultation.
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