Modesto, CA asked in Divorce, Family Law and Domestic Violence for California

Q: can a person shows a picture of some one sleeping in bed by him self prove adultery

3 Lawyer Answers

A: A party can prove adultery like most facts using circumstantial evidence.

A photograph of a person sleeping in a bed other than where he normally sleeps can be a relevant piece of circumstantial evidence. While not necessarily dispositive, it can be weighed along with other evidence by the trier of fact on the question of whether he committed adultery.

Robert P. Taylor
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Answered
  • Huntington Beach, CA
  • Licensed in California

A: Yes, but California is a no-fault state. So it won't get you any more money or a better division of your marital assets.

James L. Arrasmith
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Answered
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, showing a picture of someone sleeping alone in bed might not be sufficient on its own to prove adultery. Adultery typically requires evidence of a married person engaging in sexual relations with someone other than their spouse. While the photo might raise suspicion, it may not definitively establish adultery without additional corroborating evidence.

James L. Arrasmith

Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith.

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