If a spouse admits to affair is any other evidence required?

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If a spouse admits to affair is any other evidence required?

Will name of 3rd party have to be revealed?

Asked on January 5, 2016 under Family Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends: will the spouse admit it *in trial* or *during a deposition* or in other official court/legal proceeding? If so, that admission would be enough for most purposes. But if the spouse will NOT say it in court and denies it, then a prior, out-of-court admission will not help, since such prior, out-of-court admission is hearsay and is generally inadmissable. While there are some exceptions to get hearsay into court which may apply here, even when it is allowed, spouse A saying that spouse B told him/her about an affair will carry little weight--since spouse A has an obvious bias and incentive to say this--in the face of spouse B's in-court denials. So if the cheating spouse has or is expected to deny the affair in court, other evidence and testimony--including details about the identity of the other party--would be needed.


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