According to Florida law, proof of adultery relies heavily on circumstantial evidence that demonstrates both the opportunity and the inclination to commit the act, leading a reasonable person to conclude that adultery occurred:
To prove adultery the law does not require that specific acts be attested by eyewitnesses. The rule approved by the weight of authority is that if the circumstances proven are such as to lead the guarded discretion of a reasonable and just man to the guilt of the participants that is sufficient.
See: Benson v. Benson, 102 So.2d 748.
Note: The burden of proof in adultery cases rests on the party alleging the adultery, and the evidence must be compelling enough to lead a reasonable and just person to the conclusion that adultery was committed. See: Engebretsen v. Engebretsen, 151 Fla. 372.
Related:
- Does Cheating Affect Alimony In Florida?
- How to Divide Marital Assets in Florida During a Divorce
- What You Need to Know About Alimony in Florida
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