Essay on How Would You Make Out A Prima Facie Case For Adultery?

1134 Words Oct 6th, 2015 null Page
How would you make out a prima facie case for adultery?

Some jurisdictions use a narrow definition to define adultery as sexual intercourse between a married man and a woman not his wife or a married woman anda man not her husband. Marcotte v. Marcotte, 866 So. 2d 671, 673 (la. Ct. App. 2004). This deffinition was later expanded by some jurisdiction to include the act of oral sex, and sexual intercourse between same sex couples.

Historicaly, in Massachusetts to make out a prima facie case for adultery, the plaintiff had to prove that the defendant had the opportunity to comitt adultary and the intent and dispossition to do so.

Similary in Alabama, the court in Capone ruled that only circumstantial evidence is needed, but such evidence must be sufficeintly strong to lead the guarded discretion of the reasonable person to the conclusion as a necessary infrence. Adultary has to have occurred. Capone v. Capone, 962 So. 2d 835 (Ala. Civ. App. 2006).

Additionally, would you advise a client to seek a divorce on the grounds of adultery, if there were other available grounds upon which to seek a divorce? Why or why not?

If the client has other available grounds upon which to seek a divorse I would advice them to do so. Seeking a divorce on the grounds of adultery which a fault-based reason, is a much harder reason to prove than a no-fault reason. Divorces saught on the grounds of adultery only serves to humiliate the other party and could be a long nasty divorce…

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