The process of providing proof

Since adultery often happens without the knowledge of the non-cheating spouse, it can be difficult to obtain undeniable evidence of any adulterous acts. However, South Carolina law allows for circumstantial evidence to prove that adultery has occurred. This can include text messages, phone calls and testimony from the non-cheating spouse and others.

Evidence involved in charges of adultery must prove both motive and opportunity. As such, evidence should show that the cheating spouse intended to commit adultery and that there was an opportunity to do so, such as records of planned meetings between the two parties.

If you are seeking evidence of your spouse’s possibly adulterous actions, it is important that you obtain the evidence through legal means. Illegally acquired evidence cannot be part of your claim, even if it is definitive. You should instead search for texts, emails, phone calls, social media posts and testimonies to which you have legal access in Fort Mill & Greenville, SC.


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David W. Martin Law Group

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