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Patricia (W) and Elden (H) were married in 1966 and separated in 1995. W filed a petition for divorce and H filed an answer requesting a divorce. H then amended his petition with an allegation that W was guilty of adultery. The matter came to trial, and the court found that W was guilty of adultery based on the testimony of private investigators who did not witness any actual sexual acts. Both W and her boyfriend testified that they never had any sex. The trial court found the circumstantial evidence sufficient to prove that W committed adultery. W appealed.

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