Ermis v. Ermis

In divorce law, adultery is the voluntary sexual intercourse of a married man or woman with a person other than the offender’s wife or husband. State v. Brooks (1934), 215 Wis. 134, 254 N. W. 374.

The rule is that the issue should be determined by the clear and satisfactory preponderance of the evidence. It was stated in Poertner v. Poertner (1886), 66 Wis. 644, 647, 29 N. W. 386:

“We are quite unable to perceive any difference in principle between an issue of adultery in a divorce suit, and issues in many civil actions involving charges of other crimes. The consequences of a finding that the…