Adultery. Adultery is the voluntary sexual intercourse by a married person with someone who is not their marriage partner. It is also used in fault-based divorce. Unless an eyewitness or photographic evidence is available, adultery can be very difficult to prove since all you will have is circumstantial or indirect proof. A good deal of additional evidence (demonstrating inclination and opportunity) that support your accusation will be required before it can be considered grounds for divorce.