What to Do if Your Spouse Is Caught on Camera at a Concert with a Romantic Partner
If you find out that your spouse was
caught on camera at a concert or baseball game being intimate with another
person----and if you choose to file for divorce against your spouse based upon
such discovery---then you may want to take certain steps in contemplation of anticipated
divorce litigation, which may be contested.
Circumstantial Evidence of Adultery
In a divorce in Georgia, adultery may
be a relevant factor for the trial court when it determines issues such as
equitable division of marital property and alimony. In other words, the trial
court may consider the circumstances surrounding the separation of the parties
and the cause of the divorce, including how a spouse treated the other spouse, when
determining important financial issues in a divorce case.
If it is proven that a spouse's
adultery caused the parties' separation, then the cheating spouse is barred
from seeking alimony in Georgia. The burden of proof in a civil case such as a
divorce case (i.e., preponderance of the evidence) is lower than that in a
criminal case (i.e., beyond a reasonable doubt).
Further,
circumstantial evidence may be used to prove a point in a divorce case. For
example, if your spouse is caught on a "kiss-cam" at a concert or baseball game
with someone else, then the "kiss-cam" recording could be a piece of important circumstantial
evidence to prove your spouse's adultery.
Preservation of Evidence
If you decide to file for divorce
against your cheating spouse, and the divorce case becomes contested, then
you'll need to gather evidence to prove your case and support the relief you
are seeking.
It may be wise to take steps to
preserve relevant evidence for your divorce case, such as the recording of the
"kiss-cam" footage. One way to preserve relevant evidence is to send out a
"spoliation letter" to your spouse. In the "kiss-cam" example, you may want to
consider sending a written notice to your spouse letting your spouse know that
a divorce litigation is forthcoming and that your spouse is to preserve the
specific evidence listed (for example, text messages, photographs, and call
logs on your spouse's cell phone) in your spoliation letter and not destroy
such evidence.
If, despite your notice, your spouse
destroys or fails to preserve the evidence related to his or her adultery, then
the trial court may sanction your spouse.
You may also want to contact the
entity responsible for the cameras and storage of any recordings made by such
cameras to obtain a copy of the recorded evidence. If your divorce case becomes
contested and goes to trial, then you will need to take steps to properly
introduce such recorded evidence at the trial (a process lawyers call "laying
the foundation" or "authentication of evidence").
When allegations of adultery are made
in divorce matters, some spouses admit their wrongdoings, but others do not. If
adultery needs to be proven at the trial, then you may want to consult with an
experienced Georgia Divorce Lawyer or Atlanta Divorce Lawyer to discuss the
evidence required to prove adultery.