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 …show more content…
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 proceeding. The palintiff must succeed in showing that the defendant did comitt adultery in order to be granted a divorce.
In some states, if the plaintiff can prove adultery that, spouse may be entitled to a greater share of the marital estate, or larger alimony settlement if the spouse can prove the fault of the divorce on the other …show more content…
O’Brian, this letter is in response to our meeting on Friday, the 26 of September 2016, at which you asked me to advise you on your available grounds for divorce in Massachusetts. In Massachusetts, two available grounds for divorce are available to you. The first one is called a fault ground divorce. To be able to file a divorce under fault ground there must be misconduct on the part of one party, which caused the marriage to end. Such grounds for fault divorce can be found in seven ways. Adultery, cruel and abusive treatment, desertion, physical impotence, drug or alcohol dependency, non-support and, imprisonment for five or more years. The second ground for divorce would be a no-fault ground, under which a show of misconduct is irrelevant. Partiess just need to show that there has been an irretrievable breakdown of the marriage and reconciliation is
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 …show more content…
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 proceeding. The palintiff must succeed in showing that the defendant did comitt adultery in order to be granted a divorce.
In some states, if the plaintiff can prove adultery that, spouse may be entitled to a greater share of the marital estate, or larger alimony settlement if the spouse can prove the fault of the divorce on the other …show more content…
O’Brian, this letter is in response to our meeting on Friday, the 26 of September 2016, at which you asked me to advise you on your available grounds for divorce in Massachusetts. In Massachusetts, two available grounds for divorce are available to you. The first one is called a fault ground divorce. To be able to file a divorce under fault ground there must be misconduct on the part of one party, which caused the marriage to end. Such grounds for fault divorce can be found in seven ways. Adultery, cruel and abusive treatment, desertion, physical impotence, drug or alcohol dependency, non-support and, imprisonment for five or more years. The second ground for divorce would be a no-fault ground, under which a show of misconduct is irrelevant. Partiess just need to show that there has been an irretrievable breakdown of the marriage and reconciliation is