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Alabama adultery


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#1 need2nonow_7786

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Posted 16 April 2010 - 06:28 AM

What evidence does it take to prove a separated party is having sex and cause possible charges of adultery ???


#2 Ted_from_Texas

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Posted 16 April 2010 - 06:36 AM

First, you must find someone willing to prosecute.  Contact your county or district attorney's office and discuss the matter with them.  Depending on what they tell you, go from there.  Don't be surprised if they blow you off.  Adultery is hardly near the top of their list of priorities, considering they have no lack of real crimes to deal with, and few enough resources at their disposal.

#3 Tax_Counsel

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Posted 16 April 2010 - 07:05 AM

First, understand that in most states, adultry is no longer a crime. Second, even in those states where it is a crime, it is extremely rare for adultry to be prosecuted. All you can do is report it to the police and/or prosecutor. They will make the decision whether to pursue it. But, I can pretty much guarantee they won't touch it unless there is something very unusual involved. The run of the mill cheating spouse situation isn't going to get any attention from prosecutors.


#4 need2nonow_7786

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Posted 16 April 2010 - 07:48 AM

     I am trying to get a answer to the facts about proof of adultery even if the person is cohabiting with another person and can it be used for leverage  for custody of children during the divorce proceedings???
     I am just trying to find out what is the Definition of Proof in Adultery living in Alabama,,,


[This post has been moved to the appropriate discussion. - Moderator]


#5 Ted_from_Texas

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Posted 16 April 2010 - 08:29 AM

I already gave you the definition of adultery and cited the relevant Alabama statute in another thread.


There is no statute that defines "proof" of adultery.  Simplistically speaking, "proof" simply means sufficient evidence is produced in court to convince the judge and/or jury that the crime actually took place, causing them to return a guilty verdict.  It is not your place to prove the crime took place; that's the prosecutor's job, and it's also the prosecutor's job to decide whether the evidence available is sufficient to take the matter to trial.  If you have possession of certain relevant evidence, the prosecutor can call you as a witness, and after you present your testimony the defense will have an opportunity to refute or rebut your testimony.


Since the Alabama statutory definition of adultery requires the defendant to cohabit with and have sex with the other party, it's unlikely that just proving they're cohabiting will be sufficient.  Do you have videotapes of them doing the dirty?  Have either of them admitted it in front of witnesses?  Were you watching through the window or the keyhole?  Like I said, you need to talk to the prosecutor, tell them what you know, and go from there.



#6 pg1067

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Posted 16 April 2010 - 09:59 AM

Your questions make very little sense.  "Proof of adultery" isn't something that has a legal definition.  It's not clear why you want to prove adultery, but, as with anything else, adultery is proven with evidence, and it hardly takes a law degree to know what sorts of evidence might prove adultery (e.g., photographs, video or sound recordings, witness testimony, etc.).  As for what evidence might exist in any given case, we obviously can't answer that in the abstract.  The better approach for you would be to tell us what evidence you have and ask whether it's likely to be sufficient to prove adultery.



#7 need2nonow_7786

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Posted 18 April 2010 - 04:09 AM

      Soon to be ex-husband is the man that his soon to be ex-wife is living with another man... I am the other man... She has custody of her children at this time, and does not want to lose custody during the final divorce proceeding...
     What I am trying to learn about is can adultery be used in their final divorce proceeding for the Husband to gain custody of their children??? And also what it takes for the Husband to prove she is or has committed Adultery just because His Wife has be living with me for expense sharing and sleeping in the same room due to living space???
     Another custody question the wife would want to ask is, does she have to have a full time job to keep custody of her children in the Alabama Courts eyes???


#8 pg1067

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Posted 19 April 2010 - 04:28 AM

"Soon to be ex-husband is the man that his soon to be ex-wife is living with another man."


Sorry, but this is completely incoherent.


"What I am trying to learn about is can adultery be used in their final divorce proceeding for the Husband to gain custody of their children?"


I wouldn't be the least bit surprised if it could.  Of course, there may be a significant difference between pre-separation adultery and post-separation conduct that might technically be deemed to be adulterous.


"And also what it takes for the Husband to prove she is or has committed Adultery just because His Wife has be living with me for expense sharing and sleeping in the same room due to living space?"


Again, this is rather incoherent, but merely living together does not constitute adultery.


"does she have to have a full time job to keep custody of her children in the Alabama Courts eyes?"


When one speaks of custody, it is necessary to say whether one is talking about physical custody or legal custody and whether one is talking about joint custody, partial custody, sole custody, etc.  Whether the spouses have jobs will be one of many factors that a court may consider.



#9 FindLaw_Michelle

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Posted 23 April 2010 - 11:44 AM

Below are a few resources on adultery, divorce and child custody that may be useful in your research.
It would be a good idea to contact a Family Law attorney (FindLaw Lawyer Directory) to discuss your case and determine those options available to you.

Good luck.


#10 need2nonow_7786

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Posted 23 April 2010 - 12:44 PM

I appreciate you time and Your helpful insight...

Thank You,

Need2nonow_7786





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