![]() ![]() ![]() Courts tend to aim to shield children from the issues of divorce and realize how having children in the middle of infidelity accusations can negatively impact them. If they have-especially at the objection or lack of knowledge from the other spouse-the court may issue sanctions (if in violation of a previous order) or a restraining order. The first question that a court may ask is whether or not the cheating spouse’s lover has been in the presence of the children. Some people think that having children won’t affect divorce proceedings if there is an affair, but if there are young children (typically 13 years old and younger) involved in the suit, the court may punish the cheating spouse for their infidelity. Factor 2: Are Young Children Involved in the Suit? Consult with your attorney on how to do so. If you select this method, you must disclose the private investigator to the other side. To prepare, some spouses choose to hire private investigators to collect evidence. Even if they are not forthright, direct evidence of the affair (such as photos, voice recordings, emails, other witnesses, etc.) and an experienced attorney who can use this evidence can discredit their false testimony. Of course, since this person is your cheating spouse’s lover, there is a chance that they will either lie about the affair or down-play the extent of their relationship. To subpoena a person, you must know their full name and a proper address where they can be served. If you know who your spouse is cheating with, not only can you find closure, but you can subpoena them to court to testify regarding the affair. What if your spouse has been cheating with someone that you thought was just a friend? What if they were one of your friends, a boss, a co-worker, or a high-school sweetheart? The person could even be a stranger that your spouse met online. Not only may the person may be physically difficult to find, but the act of finding them may be emotionally distressing and unpleasant. Finding the person with whom your spouse is cheating is a challenging endeavor, but it is a vital part of the divorce process when infidelity is involved. ![]() For example, a photo of your wife kissing another man on the lips or holding their hands can be more damning and may help to prove her infidelity. Photos can, however, be useful in proving infidelity (if used in conjunction with other evidence). Sometimes photos aren’t sufficient either.įor example, a picture posted on Facebook of your wife standing next to a guy doesn’t prove that she is having an extra-marital affair with him. To meet this standard, you will likely require more than mere testimony that your spouse was unfaithful to you during your marriage. The Clear and Convincing Evidence Standard is a standard that means that the evidence offered has a high probability for truth. In Texas, the standard by which you must prove infidelity is by a burden of ‘clear and convincing’ evidence. It is not always easy to prove that your wife or husband is cheating. Summary Factor 1: Is There Proof of Adultery? ![]()
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