Proving Adultery

Know what you need to prove. Proof of adultery is often hard to come by considering the act's nature of secrecy (i.e., you do not usually commit it out in the open for everyone to see).^[9] Also, adultery does not necessarily mean that your spouse had sexual intercourse, it could also mean you were sexually intimate.^[10] Therefore, most courts do not require proof of the adulterous act itself. Instead, most courts require you to prove:

• First, that your spouse had a disposition to commit adultery.^[11] A disposition is a tendency to act in a certain way.^[12] In this case, it is a tendency to act in an adulterous manner.
• Second, that your spouse had the opportunity to commit adultery.^[13] An opportunity to commit adultery is showing that your spouse had the time and ability to commit adultery in any specific situation.^[14]