How does one prove this his/her spouse had “illicit intercourse” with another person? Rarely is one able to obtain absolute, conclusive evidence of this activity, such as a video of the spouse actually having sex with his/her lover. Fortunately, this is not the required proof of adultery in South Carolina.
In our state, the two elements that must be proven are (a) inclination and (b) opportunity for one's spouse to commit adultery. The elements may be (and typically are) proven by circumstantial evidence, which must be clear, positive, and sufficiently definite to identify the time and place of the offense.
In other words, placing one's spouse behind closed doors with the lights out with a person with whom they are romantically involved will raise a rebuttable presumption that the spouse has committed adultery. In most cases, a licensed private investigator can obtain the needed proof to present in Court at a hearing.