Divorce: How do I prove my spouse is cheating?

Posted by William H. Sherman on Jul 13, 2015 | 0 Comments

Question:   I just know that my wife is cheating but I can't prove it.  She stays at the office late into the night sometimes and I caught her looking at pictures that I think were of a man who works at our neighborhood Kroger.  I didn't see the pictures for long, maybe just a couple of seconds, but I think he was exposing his genitals.  When my wife saw me she quickly closed that screen and pretended she was looking up recipes for lentil soup.

Another time I thought I caught her having phone sex with someone but she said she was just talking to someone at a pest control company about having our house treated.  It's all very suspicious.

If she's cheating I don't want to be married to her.  My first wife was cheating with another lady and I didn't approve of that so we got a divorce. 

What should I do to prove that my wife is cheating?  How do I get evidence?

We live in Dunwoody and I work in Buckhead and she works in Alpharetta.  And I want to make sure she doesn't hide money or other assets from me.

H.P. in Dunwoody, GA

Answer:   Proving adultery can be difficult.  Oftentimes a spouse will have incriminating emails or text messages, which you should be able to prove were not obtained by illegal means.  There are laws regarding privacy issues that are applicable even when you are married. 

Please speak with an attorney prior to attempting to retrieve any incriminating information.  You want to ensure that your actions are legal and that the information is admissible in court.

Speak with an attorney to help determine if adultery is an issue in your divorce. We will help you to determine whether or not adultery is legally relevant to your case.  If it is, we can advise you how best to obtain the best evidence to help you with your case.

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About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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