Question

Homework #1 

Rule of Law for Adultery 

Facts 

Harold's brother in law, Joey, found him in his office "naked" and "kissing" his secretary. The brother-in-law told his sister Wilma of her husband's doing, Wilma confronted her husband who in tears, and admitted to the wrong doing. Wilma demanded a divorce and Harold reminded her of her vows, "for better or for worse and until death do us part." He then begged for her forgiveness and swore he couldn't live without her. She forgave him and continued to cohabitate with him. After weeks of endless nightmares and issues with trust, Wilma told Harold, "I'm sorry, but I'm leaving you. I just can't stay. My heart is forever broken." She filed for divorce based on adultery. Harold moved to dismiss the petition on the grounds that being naked with someone and kissing don't equate to adultery and even if it did, Wilma has no grounds for divorce. 

Rule: 

Adultery is a valid ground for divorce, but it cannot be proven by only testimony given by one of the parties to the action. It must be corroborated even by circumstantial evidence, by clear and convincing evidence that the alleged adulterer was inclined to do so if he had the chance. However, even if it proven that the spouse committed adultery (sexual relations with someone other than the spouse), it cannot be used as grounds for divorce if there was condonation (forgiveness by the spouse).