Its not enough to establish that a party to a marriage has committed adultery ( and contrary to what I have read elsewhere recently it DOES NOT only apply to the wife or female party). Remember evidence of adultery can be circumstantial, the court will consider preponderance of evidence and not proof beyond reasonable doubt. The court will look for opportunity and familiarity.
There are a number of circumstances were adultery is generally presumed
1. where the parties are living together
2. Bigamy is proof of adultery
3. Confessions of adultery are also proof
4. The fathers name registered on a child’s birth certificate
5. Frequent visits to brothels
6. Sexually transmitted diseases that the other spouse does not also have
The petitioner in a divorce case also needs to prove that he or she now finds it intolerable to live with the respondent. This intolerability need not arise as a result of the adultery but there must be evidence of intolerability. If for instance a wife no longer desires to have sex with her husband and her husband resorts to raping her that could be evidence of intolerability. On the other hand if a wife does have sex with her husband after he commits adultery does not condone him.
Evidence of intolerability is completely subjective, its all about what the petitioner feels and not what a reasonable man or woman may feel.
Its not enough to prove adultery, to sustain this ground for a divorce there must be both and there must be evidence of both. You can read more about adultery as grounds for divorce here.
If you have questions you can book a consultation with me here.
cheers
MzAgams 
62 responses to “Proving Adultery & Intolerability”
Hello sir,
I’m just reading your post. My husband and I have been married before meaning it’s our second marriage.
Now because I am not giving so much finances as before he resorted to file for divorce on grounds of adultery and said the marriage has broken down irretrievably (lawyer’s grammar). He accused me of adultery with my ex but there is no proof cos such never happened.
Again we still live together, we have a baby girl of 1year. I still go to him or sex and he makes love to me even after I received the petition we still make love. He gives me feeding money and I still do his laundry.
Family has tried tomatoes but he says if I don’t contribution money at home now is it when he retires? That he odestn want to suffer at retirement with responsibilities. Again I used to support him financially 100% but when he started taking divorce, I withdrew my help.
When called by the family, he doesn’t even talk about so the facts he wrote in the petition…it’s so money money.
Me I do not want a divorce cos I still love him and even pity him the way he is stressing himself.
The first court hearing is on 4/12/17? What is my fate?
Have a lawyer enter appearance for you on that date and file your response telling the court you do not want a divorce and putting your husband at strict proof of adultery. What city do you live in?
I live in Calabar, cross River state. My lawyer wants to write to strike -out the order of petition on grounds of incompetency. A lot of mistakes in name and dates were made on the order. As it was addressed in my maiden name and not my marital name as I have a change of name to that effect.
Do I stand a chance to get he petition dismissed as there is no proof of adultery? I haven’t been to court before and I’m just scared. I feel so sorry for myself as men these days go to !sorry women for salary and not love.
Yes. Sounds like your lawyer has good grounds to strike out the case, let him proceed to do so. Don’t be scared of the court, judges nowadays are much more sympathetic and understanding too. And most do not encourage divorce and so will use any excuse the lawyer gives them not to proceed. You will be fine
Pps can I call you on your cell? I’m really scared and my mental state ain’t so stable now. I’m thinking my life out. To think that I sold my car to assist that guy fix his house after his ex wife swept it clean when she left.
I loved my husband and I so worried about the fact that he never loved me but only loved what I could offer.
Pls let me call you.
I charge a fee for counselling….