What Evidence Is Needed To Prove Cheating?

prove cheating divorceQuestion:

During my divorce hearing, I would like to present evidence proving my wife is cheating on me since her infidelity and adultery may bar her from receiving alimony.

What type of evidence is needed to prove cheating? Do I need photos from a private investigator? Will phone records, bank statements, and voicemail recordings suffice?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Georgia divorce laws where I am licensed to practice.

At the final hearing both parties will be granted the opportunity to present evidence, testimony, and argument relevant to the issues before the court (any terms the judge did not accept from the settlement agreement).

If the judge requires a trial regarding the issue of spousal support, the party alleging adultery will have the burden of proof. In civil actions, more often than not, the burden of proof is preponderance of evidence. One must present evidence to show that it is more probable than not that an event occurred.

Therefore, no specific type of evidence is required to prove infidelity. Rather, all combined evidence produced must lead the judge to the conclusion that the evidence is likely true and therefore an affair having occurred is more probable than not.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Atlanta, Georgia Divorce Lawyer Amber R. Piotrowicz, contact Cordell & Cordell.

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4 comments on “What Evidence Is Needed To Prove Cheating?

    Adultery requires a witness. What if the co-respondent admits to having an affair with your spouse? Isn’t that witness enough?

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