Proof?


#1

Most facts in a civil case need to be proven “by a greater weight of the evidence”…? This “frequently” means, by that amount of proof that the trier of fact, Judge or jury, deems necessary. So, what kind of proof do you need? You need enough to convince the trier of fact. Unfortunately, there is no equation. Ideally, or unfortunately, you’d have a photograph, love note, confession, etc., but that’s not usually what you have.

I think the bigger question is why do you need to prove adultery? It’s not as “big of a stick” in custody cases anymore. It’s still plays a role in alimony cases.

Tips for preparing for your hearing? Can someone tell me how to build a car? That’s a big question. If you cannot afford an attorney and really want some tips, spend a day down in court, before the same Judge in your case, and observe.

Good luck.

R.S.(Steve)Monks
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.787.3490 direct voice
919.256.1670 direct fax
919.787.6668 main voice
ncdivorce.com
email: rsmonks@rosen.com

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#2

Adultery is proven by direct evidence (where someone actually sees the sex act taking place or by cirucumstantial evidence (as is more often the case). Circumstantial evidence of adultery consists of “inclination” evidence (examples include love letters, receipts for flowers, etc.) plus “opportunity” evidence (someone seeing the couple spending time alone together in a place where they might commit adultery). A great deal of inclination proof or opportunity proof (in the absence of the other type of proof) might be enough but it is better to have both types of proof in order to meet the requirements of proving adultery by circumstantial evidence.

Folks gather this evidence by searching in the home and by following and video taping the spouse. In an ideal world a private detective is used to build the case. Your lawyer should assist you in hiring a detective.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

What kind of proof to you have to have in court to prove adultery? What are some ways I can get information on a certain person myself? Any tips on helping prepare for my court hearing?