What evidence is needed to prove adultery?
It is rarely possible to obtain evidence of adultery by the testimony of eyewitnesses. But there is no need to “catch them in the act.” Circumstantial evidence is sufficient. There must be evidence that (1) the alleged adulterer and paramour were inclined to commit adultery when there was an opportunity to do so, and (2) they were together at a time and place and under circumstances which provided them with an opportunity to engage in sexual intercourse.