How Do You Prove Adultery in South Carolina?

In the State of South Carolina adultery is one of the five grounds for divorce, but you have to be able to prove it. You do not always have to have photographic evidence but you do have to have something more than just a feeling or a belief that your spouse has cheated. The law states that you must prove your spouse had the inclination and opportunity to commit adultery by providing circumstantial evidence.

When a client calls with suspicions of adultery in their relationship they have numerous questions and are seeking answers. This is something that they never think about happening to them and have no idea how to find the answers and/or information that they need.

Crucial Investigations offers a free confidential consultation to answer as many of these questions as possible. There is one question that every domestic client asks – What does it take to prove adultery?

The answer to this question is very simple. The private investigator has to prove four factors exist and they are as follows:

  • Place: To prove the subject and suspect were alone together in a place where sexual intercourse could take place. This could be in someone’s home, a hotel/motel, a parked car on a deserted roadway, etc. The possible locations are endless.
  • Time: You have to be able to prove the subject and paramour had ample time to have sexual intercourse. This also varies depending on various factors such as where, when and how. Some say only a half an hour but I prefer to build a stronger case than that.
  • Opportunity: To prove the couple were alone and had the opportunity to have sexual intercourse. If a third party is with them and willing to testify nothing happened between the couple you have a problem.
  • Inclination: To prove the subject and paramour were inclined to have sex. This proof comes from many different ways. Any type of public affection; kissing, hugging, holding hands, displaying any form of intimate affection, etc. will all qualify as circumstantial evidence. There are many ways to prove inclination such as cell phone records, the lies told to the spouse, where and why they are where they are, etc. A good reference article indicating things to look for is 10 Signs of a Cheating Spouse.

I have been conducting domestic investigations for over thirty years and there have been numerous infidelity/adultery cases that we have worked. There are many interesting stories of subjects getting caught in very unlikely surroundings. Some places include parking garages, public parking lots, an assisted living facility apartment of their recently deceased Mother, cemeteries, etc. People are amazing!

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