Desire coupled with opportunity

July 26, 2012

  • 134 Divorce
  • 134IV Proceedings
  • 134IV(J) Evidence
  • 134IV(J)3 Weight and Sufficiency
  • 134k129 Adultery
  • 134k129(9) k. Circumstantial Evidence.

134 DivorceBecause adultery usually takes place in secret or seclusion, proof thereof in most instances is by circumstantial evidence, through showing desire, by evidence of mutual affection or otherwise, coupled with opportunity under conditions or circumstances from which a reasonable judge of human nature would be led to conclude that adultery was committed.
Weymouth v. Weymouth, 87 So.3d 30 (Fla. Dist. Ct. App. 2012)