"Adultery may be proved by direct or circumstantial evidence, but is not proved by mere suggestion and innuendo." Miller v. Miller, 306 S.W.2d 175, 176 (Tex. Civ. App.—San Antonio 1957, no writ); see also In re Marriage of C.A.S. and D.P.S., 405 S.W.3d 373, 383 (Tex. App.—Dallas 2013, no pet.). "[C]lear and positive proof is necessary."
Adriaen M. Morse Jr., Fault: A Viable Means of Re-injecting Responsibility in Marital Relations, 30 U. Rich. L.Rev. 605, 609 (1996). E.g., Brooks v. Brooks, 652 So.2d 1113 (Miss. 1995) (clear and convincing); Gamer v. Gamer, 16 Va. App. 335, 429 S.E.2d 618 (1993) (clear and convincing); Crawford v. Crawford, 429 Pa. Super. 540, 633 A.2d 155 (1993) (clear and convincing); Perry v. Perry, 301 S.C. 147, 390 S.E.2d 480 (Ct.App. 1990) (preponderance); Gilliam v. Gilliam, 776 S.W.2d 81 (Tenn.Ct.App. 1988) (preponderance); Clements v. Clements, 255 Ga. 714, 342 S.E.2d 463 (1986) (preponderance); Bell v. Bell, 15 Ark. App. 196, 691 S.W.2d 184 (1985) (preponderance); Ross v. Ross, 103 Idaho 406, 648 P.2d 1119 (1982) (clear and convincing); Miller v. Miller, 306 S.W.2d 175 (Tex.Civ.App.-San Antonio 1957) (clear and convincing). In reviewing the divorce cases decided by this Court within the past twenty years, we have found only a few cases involving divorces that were granted solely on the grounds of adultery.
Colleen's testimony is suggestive of adultery, but it is conclusory and fails to establish the existence of the elements of adultery. See Miller v. Miller, 306 S.W.2d 175, 176 (Tex. Civ. App.-San Antonio 1957, no writ) (husband's testimony that "I know she was and has been unfaithful to me up to the present time" is insufficient to prove adultery); Dzierwa v. Cerda, No. 04-13-00407-CV, 2014 Tex.App. LEXIS 8518, at *8-9 (Tex. App.- San Antonio Aug. 6, 2014) (mem. op.) (wife's testimony that she "kn[e]w that [husband] was seeing another women" [sic] and that she "believe[d] he was having an affair with that woman" constituted mere suggestion or innuendo that husband committed adultery); see also In re T.W.E., 217 S.W.3d 557, 560 (Tex. App.-San Antonio 2006, no pet.) (finding father's "mere agreement" that he saw no problem with his serving as a joint managing conservator is "too conclusory to amount to any evidence"); Vazquez, 292 S.W.3d at 85 (petitioner signing divorce decree and testifying that she "thought the conservatorship was in the best interest of the children" is conclusory and does no
Rather, a soldier's domicile remains the same as when he or she entered the service, unless proof of clear and unequivocal intention to change domicile is shown." See Torrington Co. v. Stutzman, 46 S.W.3d 829, 849 n. 17 (Tex. 2000) (internal citations omitted); see also Miller v. Miller, 306 S.W.2d 175, 176 (Tex. App.—San Antonio 1957, no writ) (holding a military service member who at the time he entered the armed forces lived in Victoria County, Texas and did not acquire another permanent residence retained his residence and domicile as it existed at the time he entered the service). The record before us does not show an "unequivocal intention to change domicile."
Wilson v. Wilson, 189 S.W.2d 212, 213 (Tex.Civ.App.-Fort Worth 1945, no writ). With regards to a soldier in the military, the “soldier does not acquire a new domicile merely by being stationed at a particular place in the line of duty. Rather, a soldier's domicile remains the same as when he or she entered the service, unless proof of clear and unequivocal intention to change domicile is shown.” See Torrington Co. v. Stutzman, 46 S.W.3d 829, 849 n. 17 (Tex.2000) (internal citations omitted); see also Miller v. Miller, 306 S.W.2d 175, 176 (Tex.App.-San Antonio 1957, no writ) (holding a military service member who at the time he entered the armed forces lived in Victoria County, Texas and did not acquire another permanent residence retained his residence and domicile as it existed at the time he entered the service). In order to maintain the divorce proceeding in Texas, the trial court had to determine that Donovan became a domiciliary of Texas. Maria claims Donovan became a domiciliary of Texas because he lived in San Antonio from June 1992 until September 1992 and from December 1995 until May 1996 for military training, and she asserts he took affirmative steps to change his legal residence to Texas by designating Texas as his residence on his military leave and earnings statement.
Rather, a soldier's domicile remains the same as when he or she entered the service, unless proof of clear and unequivocal intention to change domicile is shown." See Torrington Co. v. Stutzman, 46 S.W.3d 829, 849 n.17 (Tex. 2000) (internal citations omitted); see also Miller v. Miller, 306 S.W.2d 175, 176 (Tex. App.—San Antonio 1957, no writ) (holding a military service member who at the time he entered the armed forces lived in Victoria County, Texas and did not acquire another permanent residence retained his residence and domicile as it existed at the time he entered the service). In order to maintain the divorce proceeding in Texas, the trial court had to determine that Donovan became a domiciliary of Texas.
Bell v. Bell, 540 S.W.2d 432, 435 (Tex.Civ.App.-Houston [1st Dist.] 1976, no writ). Adultery may be proved either by direct or circumstantial evidence. Miller v. Miller, 306 S.W.2d 175, 176 (Tex.Civ.App.-San Antonio 1957, no writ). Mere suggestion and innuendo, however, are insufficient; clear and positive proof is necessary. In re S.A.A., 279 S.W.3d 853, 856 (Tex.App.-Dallas 2009, no pet.).
Bell v. Bell, 540 S.W.2d 432, 435 (Tex. Civ. App.-Houston [1st Dist.] 1976, no writ). Adultery may be proved either by direct or circumstantial evidence. Miller v. Miller, 306 S.W.2d 175, 176 (Tex. Civ. App.-San Antonio 1957, no writ). Mere suggestion and innuendo, however, are insufficient; clear and positive proof is necessary. In re S.A.A., 279 S.W.3d 853, 856 (Tex. App.-Dallas 2009, no pet.).
See Bell v. Bell, 540 S.W.2d 432, 435 (Tex.Civ.App.-Houston [1st Dist.] 1976, no writ). Although adultery may be proved by direct and circumstantial evidence, clear and positive proof is necessary and mere suggestion and innuendo are insufficient. See Miller v. Miller, 306 S.W.2d 175, 176 (Tex.Civ.App.-San Antonio 1957, no writ). The record is devoid of substantive and probative evidence supporting the trial court's finding of adultery by Adame.
We disagree. At trial, David admitted taking other women to motels for "sexual encounters" but denied commiting adultery because he claimed he was incapable of sexual intercourse. Adultery, however, can be shown by circumstantial evidence. Miller v. Miller, 306 S.W.2d 175, 176 (Tex.Civ.App. — San Antonio 1957, no writ). Furthermore, in evaluating David's testimony, the trial court could disregard David's uncorroborated claim of impotency. Gunter, 663 S.W.2d at 675.