In real life, many couples choose to divorce because of extramarital affairs. Of course, if there is an extramarital affair, it needs to be investigated and collected. If it is proved that there is an extramarital affair, it will be considered when judging the property during divorce. Many people want to know clearly. What are the ways to obtain evidence of extramarital affairs in Hefei?
1. What are the ways to obtain evidence of extramarital affairs in Hefei?
(a) Collect circumstantial evidence extensively and form a chain of evidence.
In extramarital affairs cases, obtaining evidence is a difficult problem for many parties. Under normal circumstances, it is almost impossible to obtain evidence of "caught in bed". Therefore, we should collect indirect evidence as much as possible, such as checking telephone call records, text messages, communications, etc. , and it is best to shoot to obtain image data. If the spouse and lover buy a house or rent a house to live together, the parties can pay attention to collecting relevant evidence about the purchase contract, payment of property fees, utilities and other relevant evidence of the real estate company or the property company where the house is rented. There are also hotel bills, audio-visual materials, witness testimony, certificates from public security organs, etc. It is very important to form a tight chain of evidence to win the lawsuit.
(2) The evidence obtained by oneself is likely to be accepted by the court.
In the process of obtaining evidence of extramarital affairs, the parties take photos of their spouses and third parties in their own beds, which is likely to be accepted by the court. It does not constitute criminal responsibility to catch your spouse intimate with a third party in your own home, not to mention breaking into someone else's house.
However, the parties concerned should not spread their photos of "catching rape" in public, let alone personally insult the third party, otherwise the act of infringing the reputation right of the third party can be established.
(3) "110" can be used to "catch rape" in different places.
One party can't break into another's house to collect evidence in order to grasp the evidence that the spouse lives with a third party. Because this way of obtaining evidence is illegal, it may lead to the infringement of breaking into houses. In this case, if one party can confirm that the husband is living with a third party, the best way is to call the police "1 10", and the public security personnel performing official duties will enter the house, and then make an inquiry record to confirm the fact that the spouse is living with a third party. This kind of evidence is usually accepted by the court.
(4) Taking evidence in public places can be accepted by the court.
When the parties collect evidence in public places such as parks and cinemas, they generally do not infringe on the privacy of others and are more likely to be adopted by the court. But in public places, there are more hugs, hands and kisses, and less intimate contact. These intimate photos hardly show that the spouse has bigamy or long-term stable cohabitation with a third party. They can only prove from one side that they have an improper heterosexual relationship and that their spouses are at fault.
(5) The innocent party shall try its best to obtain evidence.
In the process of handling divorce cases, many innocent parties are struggling to grasp the conclusive evidence of the other party's deviance, but they are unwilling. So they went to great lengths to obtain evidence, and even invited a "detective company" to investigate, ignoring the investigation, evidence collection and preservation of the same property. Therefore, the parties must try their best to obtain evidence, otherwise the loss will outweigh the gain.
Second, how to obtain evidence to prove that the other party has an extramarital affair?
Proof of extramarital affairs or extramarital affairs is difficult to obtain, and it is also difficult to prove that one party has an extramarital affair with separate evidence. Therefore, it is necessary to prepare as much evidence as possible to form a complete evidence chain, so as to facilitate the judge's comprehensive judgment:
(1) photos: various photos showing the intimate relationship between spouses and third parties;
(2) Recording: Recording that can prove that the spouse has an extramarital affair with a third party, such as when talking with the spouse, the spouse admits to having an extramarital affair with a third party. ;
(3) Videos: various videos showing the extramarital relationship between spouses and third parties;
(4) SMS: SMS about an extramarital affair between a spouse and a third party. Sometimes the spouse and himself, and the third party and himself may also contact each other through SMS.
When it comes to extramarital affairs, such messages can be kept as evidence. However, due to the characteristics of short messages, it is difficult to save them, and it is difficult to directly prove who the sender and receiver of short messages are, so some special measures need to be taken to save them, and some auxiliary evidence may be needed to prove the fact of extramarital affairs. But in any case, these short messages can be used as evidence of extramarital affairs to help the prover form a complete chain of evidence. For example, the short message is left in the receiver's mobile phone without being deleted, and stored in the storage space or memory card of the mobile phone, or the short message is fixed and notarized by the notary office as evidence for future reference;
E-mail: Sometimes a spouse will contact a third party through e-mail, and it will also involve extramarital affairs. Some parties will print out the contents of the email and submit it to the court as evidence, while others will keep electronic evidence by notarization. However, it is very difficult to use e-mail as evidence of extramarital affairs, because it can confirm who the sender and the recipient are, and it can only be used as auxiliary evidence to help the witness form a complete chain of evidence;
(6) Written materials personally admitted by the spouse and the third party: As we often encounter in cases, the party who has an affair has written a letter of guarantee to the spouse to ensure that it will not have an affair with XXX again. Such written materials can also help prove that spouses have extramarital affairs;
(7) Testimony of neighbors and friends: Pay attention to the way of obtaining evidence of extramarital affairs. Whether you collect evidence yourself or ask others to help you collect evidence, you should be careful not to infringe on individual rights, otherwise the court will not accept it. For example, gathering many people to forcibly break into other people's houses. In that case, not only will the court not accept the letter, but it will also be an infringement in law.
First of all, in our country, there are two ways to obtain evidence about extramarital affairs: private evidence and notarization. For example, you can ask 1 10 for help. The second is the way to obtain evidence of extramarital affairs. The types of evidence are here, and I also introduced them to you, such as the existence of e-mail.