How much evidence is needed to establish adultery?

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How much evidence is needed to establish adultery?

I have copies of sexually explicit emails, texts, and records of using several adult dating sites. This is over the period of a year. Is this sufficient?

Asked on February 6, 2016 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your situation.  Each case will turn on the evidence presented and there is really no clear cut way to measure, other thn to say it has to be "physical" and "credible" evidence, like emails, texts, credit card receipts, etc.  Proving that joint funds were used to pay for paying things during the affair will help a court award you more of the marital estate ( marital assets) in the distribution of property.  Otherwise, a no fault divorce is easier to obtain than having to prove a ground for divorce.  Good luck.


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