Adultrey


#1

I have four witnesses that have seen my wife with other men. I have pictures of them at the house. One of the pictures is them together just about holding each other. On the screen of the tv is the Kareoke song “When I fall in love again, same old way”. My Pastor is willing to testify that it is improper for a married woman to be riding around town with another man. I also told my doctor a year and a half ago about different men she is brining to the house. He recommended getting a video camera. He is also willing to testify.

I have seen where judges have believed a spouse no adultrey. However, I don’t want to go in front of a judge, but jury. I have seen where I can request this, and was wondering if I am correct.


#2

You may request a jury trial on the issue of faulty (adultery) as it relates to an action for alimony. You will need to prove that your wife has had sexual intercourse with someone other than you, and to do this you must prove she had the inclination ( the photos you mention will be useful to prove this requirement) and the opportunity (hotel receipts, pictures of her entering a hotel at night with another man and leaving in the morning).
Your pastor’s opinion of what is proper behavior will not be of use in this case as riding around town, or even spending time with other people is not proof of adultery.
The issue is not relevant unless your wife is seeking alimony from you. Adultery is used as a bar to alimony, or a reason for a court to order she move out of the house, it is not a factor in the divorce itself.
You may also want to consider filing a claim for alienation of affection, or criminal conversation against the man with who she is having the affair. These are civil actions (also jury trials) in which you can seek monetary damages from a third party who is responsible for destroying your wife’s affection for you, and/or having sex with her.
There are many threads on this forum that discuss these claims which you may wish to peruse.