When proving illicit sexual behavior during the marriage how much circumstantial evidence will I need to prove to a judge my husband was having an affair? If you could list some of those items here that would be great. Also when presenting my case of abuse how does a judge decide what party to believe when this becomes a he said/she said contest. I have pictures he doesn’t but he will deny everything & paint me as a cold unaffectionate spouse. How does a judge figure this out?
You must be able to prove illicit sexual behavior by a preponderance of the evidence. So you need to be able to show that more likely than not the act of illicit sexual behavior occurred. The more evidence you have, the better. Oftentimes evidence will be hotel receipts, PI testimony, cell phone bills that show phone calls and text/picture messages, etc.
The judge is able to determine credibility of a witness when they testify. You are able to cross examine the opposing party or the opposing party’s witness and try to undermine their credibility. Plus, any physical evidence you have to support your testimony and/or destroy the other party’s testimony can help.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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