Every divorce is a stressful process, but divorces stemming from adultery might come with the most heartache and pain. Adultery is one of the 12 grounds for fault-based divorce, and one of the biggest causes of divorce in the United States.
How is Adultery Proven?
Mississippi law defines adultery as “voluntary sexual intercourse on the part of either spouse with a person other than his or her own spouse.” Proving adultery can often be difficult. It is extremely rare for one spouse to be caught in the act of committing adultery, and it is unlikely that your spouse will admit to having an affair. Instead, adultery is most often proved by other evidence. This means that to obtain a divorce based on adultery, you must be able to show the court that your spouse had (1) an adulterous inclination (flirtatious manners) and (2) a reasonable opportunity (a private place and time) to act on that adulterous inclination.