in proving adultery...

nc-
in proving adultery: if affair is suspected during marriage, several allegations (not by me) were made for 9+ mos involving my spouse with a significant other who left their spouse during this time, phone records were hidden during this time from me and still not known, my spouse moves out, 3 days later significant other's vehicle is sighted at spouse's hotel and few weeks later pi gains incriminating evidence on video. my question: is this considered adultery, since this evidence was collected after spouse moved out? correspondence/separation papers from my atty have not been served to spouse at this time and yet spouse has indicated they are waiting for me to act on the separation/divorce.