Monday, November 7, 2016

Family Law: how much proof do you need for adultery? – By Angela Oaks

Lots of clients say they KNOW their spouse is cheating on them, but they have no proof.  So I ask HOW they know and the responses are eerily similar:  hiding the cell phone, taking it into the bathroom, never letting the cell phone out of their sight, talking in the garage or outside instead of in the house.  

And I tell them they do have proof – cell phone records will show who has been calling or texting, and how often.  A few calls in a month, or a few texts in a month, are not suspicious, but hundreds of texts in a month – that’s suspicious.

In court, proof of fault in a marriage – like adultery –must be proven by a preponderance of the evidence.  Phone records help provide that evidence.  And your attorney can request other information, such as emails and even names of your spouse’s paramour in discovery.

Bottom line:  if you think it’s happening, trust your gut and pull the phone records.  Then contact an attorney for advice on your particular situation. 


713 227-1717

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