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If a couple collude in getting a divorce on the grounds of adultery, did the husband actually have to commit adultery?
Not necessarily. The hotel divorce was a set-up -- an event staged to gather evidence. Sometimes the other woman was hired to play the part. Basically, the couple lied and presented evidence that would tend to suggest adultery by one or the other. Carried out in secrecy, adultery easily lends itself to meeting the two-prong test: the disposition and opportunity rule created a presumption of adultery if it could be shown that the two people in question had an "adulterous disposition" and had the opportunity to commit adultery. It was not be hard for a couple to collude on the disposition and opportunity rule. |
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