Wife admitted cheating. What serves as proof?

[sgolaski]

What is the name of your state (only U.S. law)? South Carolina

My wife admitted to having a nine-month affair. We have discussed it via text message, so the texts clearly show she has cheated on me. I also have audio recording from when we were discussing it in person in our kitchen. I recorded it using audio recorder on my phone. Are either of these admissible in court as proof of infidelity?

 

[Zigner]

What is the name of your state (only U.S. law)? South Carolina

My wife admitted to having a nine-month affair. We have discussed it via text message, so the texts clearly show she has cheated on me. I also have audio recording from when we were discussing it in person in our kitchen. I recorded it using audio recorder on my phone. Are either of these admissible in court as proof of infidelity?

Text messages from her, in and of themselves, are not going to corroborate your grounds for divorce.

Why not just file for a no-fault divorce?

 

[sgolaski]

Text messages from her, in and of themselves, are not going to corroborate your grounds for divorce.

Why not just file for a no-fault divorce?

Well, for starters I want my kids. Or I want as much of them as I can have. We live together still, so we'd have to separate for a year. Who stays in the house and has the kids? Who goes elsewhere? I don't want to volunteer to get the shaft. I don't want to pay alimony.

So text messages from her and her phone number talking about cheating on me do not corroborate the fact she cheated? What about recorded audio? In my understanding it's legit to record a conversation if you're not on the phone and at least one party (me) is aware the conversation is being recorded. What kind of proof does it actually take? Confession at court? Photos of the act in progress? The fact she cheated is not in dispute. If we go the divorce route, I want to come out as well as I possibly can from it.

 

[Zigner]

Well, for starters I want my kids. Or I want as much of them as I can have. We live together still, so we'd have to separate for a year. Who stays in the house and has the kids? Who goes elsewhere? I don't want to volunteer to get the shaft. I don't want to pay alimony.

Everything about the kids won't matter either way. She cheated on YOU, not the kids. As for alimony, that may be a different matter, for which you should consult with a local attorney.

So text messages from her and her phone number talking about cheating on me do not corroborate the fact she cheated? What about recorded audio? In my understanding it's legit to record a conversation if you're not on the phone and at least one party (me) is aware the conversation is being recorded. What kind of proof does it actually take? Confession at court? Photos of the act in progress? The fact she cheated is not in dispute. If we go the divorce route, I want to come out as well as I possibly can from it.

The court requires independent corroboration. Anything YOU have is not independent.