Can proving that your spouse cheated in court help you? Sure it can. Every state views infidelity as grounds for divorce (wikihow). And in certain states, called community property states, proving that your spouse cheated in court can win you more than half the marital assets. Proof of infidelity can also heavily weigh on judgments, in your favor. But remember that testimony isn’t enough. Judges in divorce court have heard it all. Nothing beats hard evidence in making your case. First, it’s important to make sure that when gathering evidence you stay within the bounds of the law. If you break any laws it will hurt your case, and your credibility. Consider hiring a private investigator. He or she can find out all kinds of information that can be used in court to get you a favorable ruling. Make sure that your spouse doesn’t get wind of it, or find out you are paying it from the credit card or banking statements, or other financial records.
If you already have the ID and passwords to your spouse’s emails, it’s legal for you to check. If not, there is software you can purchase to do so. Don’t hack your spouse’s email on your own. It won’t hold up in court and you will tarnish your credibility. Get access to your spouse’s text messages. There are devices on the market where you can do this without getting caught. Be discreet if you can check the texts on their own phone. Pick your time to do this wisely. You don’t want to get caught. It can start a nasty argument and tip them off that you are on to them. Instead, take a picture with your phone or photocopy the screen when he or she is in the shower. Monitor their social media sites including Facebook, but don’t hack their accounts as it could be used against you. Take a look at the financial records. You should have access to these. Funny charges on bank statements, credit card accounts or other funny financial dealings may indicate infidelity. Get copies of these to present in court. Look at cell phone records and get a copy of these too. You can establish a pattern from a certain cell phone number that keeps showing up on your spouse’s phone. If you are going to confront them, secretly record it. It may protect you later and give you the evidence you need, particularly if they admit to the affair. Remember to make sure everything you do is legal or else it will come back to bite you in court.