What kind of evidence is required to prove adultery?
Attorneys and judges have varying thoughts concerning this subject. As a general rule, you will need to prove Time, Inclination and Opportunity. The time spent together can be relatively short. Inclination can be as simple as a kiss, holding hands or other displays of affection that would be out of place. Opportunity can be spending the night with a person of the opposite sex while you are supposed to be working late. If your spouse is observed entering into an apartment, motel room or house of a party of the opposite sex, the investigator would need to spend the entire night to document that your spouse actually stayed with the other party.