Dealing with a divorce is never an easy situation, especially if a person believes that their spouse is cheating on them with a member of that person's sex. However, trying to prove infidelity can be a real challenge and may not even be possible without the help of a high-quality divorce lawyer who fully understands the demands of the situation.
Infidelity May Be Hard to Prove
Among the many reasons couples get divorced, infidelity may be the most common. This situation may occur at any time and likely puts the cheating partner in a very dark light. This factor is particularly true if the partner is cheating with a member of their sex. Some courts look harshly on this kind of activity and could be more punitive towards that partner than if the individual had a heterosexual relationship.
However, proving that infidelity is something that the offended spouse needs to pursue very carefully. There's a good chance that their partner is going to hide their affair very well and strive to ensure that nobody finds out. Remember: feelings that somebody is cheating or even testimony from another person who claims to have seen the partner with another person does not prove anything in the eyes of a court.
Proving This Infidelity Can Be Tough
A spouse who believes that their significant other is cheating has a rough road ahead of them. Simply put, proving infidelity can be a tough road to take. For example, a person may have audio evidence of their spouse mocking them about an affair or text messages that discuss a potential affair. That kind of evidence is rarely admissible as sole evidence of infidelity because it does not prove the affair happened.
This situation gets even tougher if the affair is suggested between members of the same gender. The potentially cheating spouse could say that the texts were a joke between the two people rather than real plans. They could also say the same about the audio evidence of them mocking their partner. They could easily claim that they were just trying to upset their partner, which would be hard to prove otherwise.
That's why it is important to remember that a person doesn't have to prove that their spouse was cheating to pursue a divorce. They can simply claim that there were mutual issues that made the marriage impossible. But evidence of infidelity can help to strengthen their claim and may make it easier to get a better settlement. As a result, a good divorce lawyer is probably a wise investment in this situation.
For more information, contact a divorce lawyer in your area.
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