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July 20, 2015 By bandlaw

Cheaters caught on Ashley Madison

How Does Adultery Play In A Divorce?

Uncontested DivorceThe recent hack of the Ashley Madison website caused a release of private information online. Spouses who were planning on having (or had) affairs through the website may have been exposed, and the question of adultery comes up once again as it relates to divorce. Adultery is a common ground for divorce, but adultery is not an accusation you make without some sort of evidence.

#1: Suspected Adultery

Someone who suspects adultery may confront their spouse, but their spouse may deny everything. The information about their alleged affair may be destroyed, and any claim to be made in court lacks grounds for a divorce trial or settlement. The Ashley Madison leaks may provide evidence for spouses who have suspected adultery, but we do not know how much information was leaked.

#2: Proving Adultery

Private investigators have spent time finding evidence of adultery for their clients, and there may be electronic information that will prove adultery. You must bring all evidence you have before the court, and a judge will determine the validity of your case. Any case that does not have evidence will require other documentation to complete your claim.

#3: Speak With Your Attorney

You must speak with your attorney before you get too deep into the idea of divorce. Your attorney has a legal and ethical obligation to advise you of your options in a case. Lawyers will inform you of the merits of your case, and you may not choose to continue given the parameters set forth by your attorney.

#4: Do Your Own Research

You may use social media feeds and other evidence to prove adultery, but you must have an iron clad case to show to the court. Circumstantial evidence does not prove adultery in 2015. Men and women can be friends in 2015, and blind suspicion will not please the court. Your lawyer needs enough information to go to court with confidence, and you must take a step back before you start looking. Consider that your spouse may simply have friends you do not know.Filing for divorce on grounds of adultery is a legitimate legal claim, but you need something solid. The Ashley Madison website hack may provide evidence for some divorce claims, but every divorce claim is different. Ask your attorney for guidance before you begin proceedings, and present your lawyer with evidence that will give you confidence going into a courtroom with a judge.

Filed Under: Divorce Question

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