Adultry

An action for divorce may be maintained based on adultery, which is an act of sexual or deviate sexual intercourse voluntarily performed by the Defendant with a person other than his or her spouse during the course of the marriage.

The ground of adultery can be difficult and expensive to prove because the testimony of the Plaintiff’s is not enough and other evidentiary requirements must be satisfied (the Defendant’s admission is not enough). You should keep in mind that acts of adultery may qualify as acts of cruelty and entitle you to maintain a divorce action on the grounds of cruel and inhuman treatment.