How To Prove Adultery In Divorce In Mississippi

What Is Adultery In Mississippi?

Under Mississippi state law, adultery is any voluntary sexual intercourse with someone who is not one’s spouse. It’s important to note that frequency doesn’t impact whether or not something is adultery. One instance, like a one-night stand or a full-blown affair, both equally qualify as adultery. 

Adultery is a crime in Mississippi. Even though adultery is illegal in Mississippi, it’s not common for law enforcement to get involved with criminal charges related to adultery. If your spouse was to move in with a significant other, that’s not you, while married that unlawful cohabitation could also be considered adultery.

Proving Adultery In Mississippi

To prove infidelity in court, you will need clear and convincing evidence that your spouse had an adulterous inclination and an opportunity to act on that inclination. An adulterous inclination is a broad term that can mean your spouse was infatuated with a specific person or was generally flirtatious. 

Direct evidence or circumstantial evidence can be proof of adultery in court. Direct evidence is difficult to have unless your spouse confessed the adultery or you caught them in the act. Circumstantial evidence can be more difficult, and a lot of people wonder how much circumstantial evidence is needed to prove adultery. There is no clear answer to the amount or weight of circumstantial evidence needed, but the good news is that circumstantial evidence can come in a variety of forms.

Types of Circumstantial Evidence to Prove Adultery

• Statements from eyewitnesses
• Photo or video evidence of individuals engaging in adultery
• Bank statements and financial records of spending in support of the affair
• Communication confirming infidelity

Condonation of Adultery

Condoning adultery is when a spouse finds out about the affair or infidelity but continues to live with their spouse and/or be sexually intimate. Continuing to live with them or be intimate can be viewed as forgiveness and can make you unable to get divorced on grounds of adultery.

Adultery is defined as uncondoned sexual activity, so if the adultery is forgiven, even temporarily, you could lose your ability to get a divorce. However, the condonation of adultery can be difficult to prove in divorces based on adultery.

How Adultery Impacts Child Custody and Alimony

Child custody and alimony are commonly decided along with divorce proceedings. It’s understandable that you might wonder how the reasons behind your divorce and your divorce itself might impact custody and alimony.

Child Custody

Child custody is determined based on what the court believes is in the best interest of the children involved. Unless the adultery impacted the well-being of the child(ren), it shouldn’t be considered a factor in deciding custody.

A new partner could impact child custody arrangements if they’ll be around your children and could possibly be a bad or negative influence on their life.

Alimony

When deciding how alimony payments should be divided, there are a variety of factors the courts consider. Adultery could affect alimony if the spouse spent a large amount of money from joint savings on the affair. When looking at financial information, the court could factor any lost savings into alimony payments.

Contact a Divorce Attorney Today

The process of going through a divorce can be difficult, time consuming, and emotionally taxing. If you’re pursuing a fault-based divorce working with a divorce attorney can help make the process easier. 

An experienced attorney can help you fill out the required paperwork, collect evidence, and prepare for the divorce proceedings.

Contact Campbell Law today to learn more about how we may be able to help you prove adultery in a Mississippi divorce.