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In page Grounds for divorce (United States):
"Sexual activities with a person of the opposite sex as well as the same sex involving oral sex and other sexual behavior not necessarily including intercourse constitute adultery.[1] In order to use adultery as grounds for a divorce, the filing party must present sufficient proof that the other party had sexual relations with a third party.[1] Circumstantial as well as documented evidence, including videotapes of the spouse committing the sexual infidelity, can be used as proof of adultery.[1] In addition to this evidence, the accusing partner must prove that the other partner had the opportunity and inclination to commit adultery.[2]
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