We strongly recommend that you contact one of our divorce lawyers. Charleston divorce lawyers at Futeral & Nelson have experience dealing with these issues. Each case is different, and we need to know the specific facts of your situation to advise you on how to proceed. We can recommend that you hire a private investigator and we can refer one to you. We may recommend that you have your personal computer examined by a computer forensics expert for photos, emails, and web history. We can also refer you to one of them. We can try to find witnesses. Depending on your case, there may be many other ways to find out what you`re looking for and gather evidence in court. We have seen these situations many times, although I hope you have not seen it. This strong core of your case could be a very explicit admission from your spouse – either a direct confession when you are faced with the case, or perhaps a clearly stated admission in an email or text message.
However, remember that even if your spouse admits to adultery, you will need to provide the court with “confirmatory” evidence (love letters, photos, etc.). Although adultery is considered a criminal offense under North Carolina law, the main reason many spouses want to prove adultery has nothing to do with criminal charges. Of course, a prosecutor is unlikely to bring charges in an adultery case, but adultery can significantly affect many aspects of a divorce or custody case. Influence. Finally, adultery sometimes provides a useful lever in negotiating a favorable settlement. While some adulterous spouses seem completely insensitive to the proverbial spread of “dirty laundry,” the majority would prefer to maintain some dignity and move forward with their lives. If the alternative is for their indiscretions to be displayed in court, many of these spouses agree to give their injured ex a little more equity, pay slightly higher alimony, or perhaps take on a little more credit card debt. Instead of dispelling her suspicions, Georgia called a private investigative service.
The PRINCIPAL INVESTIGATOR followed Roger just two days before he got proof that georgia was after him. He followed Roger and Anne to a fancy restaurant outside the city, where they cuddled and fed each other pasta, then watched them check into a cheap motel for a few hours. When pi Georgia presented the video evidence, she was unusually calm. This only confirmed what she already knew – her husband cheated. The fact that a private investigator uncovered real evidence of adultery was all Georgia needed to file for divorce immediately. While a text or email may be enough to convince you, it`s something your spouse`s lawyer can easily dismiss in court. For example, a photo posted on Facebook of your wife standing next to a man does not prove that she is having an extramarital affair with him. However, photos can be useful for proving infidelity (when used in conjunction with other evidence). For example, a photo of his wife kissing another man on the lips or holding his hands can be more devastating and help prove his infidelity. Finding the person your spouse is cheating with is a difficult endeavor, but it`s an important part of the divorce process when infidelity is involved. Not only can the person be physically difficult to find, but finding them can also be emotionally distressing and uncomfortable.
What happens if your spouse cheats on someone you thought was just a friend? What if you were one of your friends, a boss, a colleague, or a high school sweetheart? The person could even be a stranger your spouse met online. And be very careful when tracking your spouse yourself or using a GPS tracking device in their car. “There are various laws like criminal harassment laws in some jurisdictions that can get you into legal trouble and take legal action against you, making you look negative in court.” Another positive aspect of the declaration of adultery is that there is no waiting period, unlike reasons based on errors such as cruelty or desertion, which have a waiting period of one year. You can immediately file for divorce for adultery. However, understand that a controversial case filed for adultery can take several months, or even a year or more, to play in court. So you don`t necessarily save time when you sign up for the adultery floor. As Charleston divorce lawyers, we have handled numerous cases involving allegations of adultery. When people catch their spouse cheating or are suspicious of their spouse`s cheating, they usually wonder if they can prove adultery when they file a divorce case in family court. Sexual intercourse is clearly adultery. However, South Carolina courts have said South Carolina has not ruled on other acts that may constitute adultery.
For example, the South Carolina Supreme Court has concluded that homosexual activity may constitute adultery, which could suggest that oral sex is sufficient. Anyway, because the actual sexual act is rarely proven, in many cases it will not make a difference. People have the right to have friends of the opposite sex. Just because two people were standing together behind a closed door doesn`t mean anything happened. For this reason, the courts require proof that the spouse had the “propensity” or propensity to cheat. .
