What do I have to do to prove adultery as a grounds for divorce?

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What do I have to do to prove adultery as a grounds for divorce?

I don’t have any witnesses but my husband admits that he did it and said he will admit it in court if needed. It happened a few years ago, and he deleted most of their communications that I could have used as evidence. I don’t know if his confession will be enough or if I need some other proof?

Asked on September 21, 2011 under Family Law, Arkansas

Answers:

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

Answered 10 years ago | Contributor

As with any law suit brought, an admission of the party sued that they committed the acts that are alleged in the pleadings is generally enough to prove your case.  But may I ask: is there some reason - other than vindication and I surely understand that here - that you wish to sue him for adultery rather than just go through an uncontested divorce if both of you are willing to do so?  The courts do not generally look at the fault of the parties in deciding property distribution although some states do look at fault for awards of spousal support.  That you would have to check with an attorney in your area.  Good luck.


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