Ask the Expert: how to handle a divorce (Part 1)

The text messages must show an admission to sexual intercourse, in order for you to proceed with the divorce based on adultery. These text messages can be used in Court. If not, flirtatious text messages, without admission of sexual intercourse, may only qualify as "improper association". Usually, for irrefutable proof, we ask our clients to get a PI report, showing that time has been spent behind your spouse and the third party alone, closed doors. It would be even better if they spent time alone overnight. Your PI would know what to do. However, as mentioned in the other comments, the fact that your spouse as cheated does not automatically mean that you will get care and control of the child. It may be a relevant factor, however, if your spouse spends all his or her time with the third party, and leaves you to look after the child on your own.