Birmingham Divorce Lawyer’Sten Tips On How To Prove Adultery

It’s a Tuesday evening. A wife patiently awaits her husband’s arrival in her sexiest red lacy lingerie and matching red high heels. She’s drinking a glass of chardonnay. Half of the bottle is gone since she’s been waiting two hours for him to come home. Once again, he’s working late and is nowhere to be found.  He walks in and next thing they know they are passionately celebrating their 7 year anniversary kissing and tearing at each other’s clothing. She pulls away for a moment as she gets a whiff of a perfume that’s not hers. She ignores the warning sign and thinks that it must have been the aroma from the dinner that’s been growing cold in the dining room mixed with his cologne. She pulls him down onto the bed and lands on an earring that isn’t hers. She hesitates and her husband mutters, “Oh, come on, Sherri.” That’s when she stands up and says, “MY NAME IS JANE.” She stumbles into a divorce attorney’s office the next day armed with her recollection of the smell, his long nights, and the earring she found in her bed.

Always bag those boxers!
Always bag those boxers!

A lot of times people come into our office stating they “believe” or even that they know that their significant other is cheating or in an adulterous relationship. However, more often than not, the client has no proof of that adultery. They say it is based off of a feeling or the fact their significant other doesn’t touch them anymore. We typically ask for the “smoking gun” so to say but there isn’t one.  In order to avoid this situation we want to offer up a few ways in which you can prove in a court of law that your significant other is in fact stepping out on you.

  1. Facebook (or any other social media) posts, messages, or emails that state outright that your spouse is cheating. Especially if there is one that states a change in relationship, and names the person that they are now dating. (This DOES happen). Also, check for your spouse on Facebook from time to time. They may have a Facebook alias.
  2. Emails between your spouse and their significant other (again, look for a hidden email address). It is super helpful if they happen to leave themselves signed into their email.
  3. Pictures or videos taken by you or private investigator.
  4. Clothing or jewelry you have found that has no explanation as to how it appeared in your bed or bedroom.
  5. Pictures or even an actual shirt with makeup on it. (Don’t wash it! Put it in a plastic bag!)
  6. Recorded phone calls between you and your spouse in which they admit that they are having an affair. (Do not record telephone calls between your spouse and their paramour. You can only record conversations in which you are a party (meaning you are part of the conversation)).
  7. Love letters or gifts that were written to your significant other by someone else.
  8. If someone tells you about the affair, have them come in and testify.
  9. Credit card or bank statements that show purchases of gifts, dinners, and hotel room purchases.
  10. Any text messages between you or your spouse regarding the paramour or any text messages you see between your significant other and their paramour.

BONUS: The ultimate winning ticket- The paramour’s testimony once they find out that their new found love is married, and they’ve been lied to this entire time. What’s that saying about a woman scorned? Point made.

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