- Legal Articles
September 29, 2016
Question: I suspect that my husband is having an affair, and many of our mutual friends have told me the same. I do not have any proof. What can I do?
Answer: You have two options. The first would be to file for divorce based on the fact your husband is having an affair. However, since you do not have any evidence, the judge will require you to produce either two male witnesses or two female and one male witnesses. The witnesses would need to testify in front of the court about what they are aware of, with situations they have seen carrying more weight in the courtroom. If the statements of each witness are clear and they correspond with each other to effectively conclude that your husband is indeed having an affair, you will have a good chance of getting the divorce. You must bear in mind that the judge should be convinced by the statements provided by the witnesses. The second option would be to file a criminal case against your husband for committing adultery. If your friends or witnesses saw him engaged in a physical/sexual act, such as kissing, with a woman you will have the right to file a criminal case against him under Article 356 of Federal Law No?3 of 1987, the Penal Code. You must also bear in mind that Article 121 of the same law mandates that your husband along with the other woman would face a mandatory deportation if they are expatriates and are found guilty.