Private Wealth & Family Law Practice Group
Continuing Adultery Recognized Despite a "One-Off Lapse" Def…
2026-05-12
1. Facts and Background
Client A (the plaintiff) became aware of an inappropriate relationship between
A's spouse and a third party, B, and retained LKP to seek consolation money. In
the proceedings, B argued that the contact had been "merely a one or
two-time lapse" and not a continuing relationship. The principal task was
therefore to show, by objective evidence, that what had occurred was not an
isolated incident but a continuing and repeated relationship.
2. Key Legal Issues
In assessing damages for this type of misconduct, the continuity and
repetitiveness of the relationship are generally relevant. The main issues were:
(i) how to organize, in chronological order, the frequency, duration, and
timing of the meetings to show continuity; (ii) how to combine indicators of
overnight stays and travel (vehicle routes, entry/exit times) with a contextual
reading of lawfully obtained messenger materials (forms of address, emotional
language, and shared schedules); and (iii) how to compile and organize
precedents distinguishing continuing relationships from isolated lapses, so as
to persuade the court that this matter was different from a typical
"one-off" deviation.
3. Implementation and Outcome
LKP (i) organized, in chronological order, the frequency, dates, and locations
of the meetings on the basis of materials provided by Client A; (ii) analyzed
indicators of overnight stays and travel through objectively verifiable
materials such as vehicle routes and entry/exit times; and (iii) used the
contextual elements of the messenger exchanges — forms of address, emotional
expressions, shared schedules — to demonstrate an emotional and relational
continuity inconsistent with a one-off encounter. Precedents distinguishing
continuing relationships from isolated lapses were also compiled and submitted
as comparative materials, and at the hearing LKP showed that the assembled
materials converged into a single, coherent set of facts. The court declined to
accept B's "one or two times" defense, recognized that the
relationship had been continuing and repeated, and rendered a judgment in favor
of Client A. The case is of practical significance in showing how chronological
aggregation of circumstantial evidence and contextual analysis of messenger
exchanges can support proof of the continuity of an extramarital relationship.






