To prove adultery you must convince the court that it is more likely that not that your spouse engaged in illicit sexual behavior with another person. This is proven by showing the court your spouse had the inclination to sleep with a particular person, and the opportunity (staying overnight, visits to a hotel, ect.)
You may prove inclination and opportunity photos videos and admissions.
For an alienation of affections case you must demonstrate that you had a loving marriage, which was destroyed by the malicious acts of a third party. Criminal conversation requires proof that your spouse had sexual intercourse with the third party you are brining the claim against.
Illicit sexual acts are described in the statutes as acts of sexual behavior or deviate sexual intercourse, deviate sexual acts, or cunnilingus, fellatio, analingus, anal intercourse, or penetration, no matter how slight by any object into the genital or anal opening (other than for medical purposes).
The recordings may not be introduced into evidence as this type of recording is an illegal wiretap. However you may record phone conversations so long as one party consents, the other party does not have to even know the call is being recorded.
Erin E. Clarey
Attorney with Rosen Law Firm
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