The following evidence can prove marital infidelity:
1, e-mail, chat history.
Letters, emails or chats between the other party and a third party. The evidence of this kind of extramarital affair is generally difficult to be accepted by the court, because it is difficult to ensure that the evidence provided by the parties has not been tampered with. In order for this kind of evidence to be accepted by the court, there must be a complete chain of evidence to confirm each other.
For example, who owns the mailbox, who sent the email, and what is the real identity of that person. In addition, the process of extracting emails or chat records must be notarized by a notary office, and it is difficult for the court to accept evidence of extramarital affairs such as emails or chat records extracted by itself when suing for divorce.
2. Letter of guarantee or repentance
At the beginning of extramarital affairs being discovered by the other party, some people will write a letter of guarantee or a book of repentance to show their determination to "never do it again" in the future. This kind of guarantee or repentance will be accepted by the court.
Step 3 take photos
Limited effectiveness, it is difficult to "testify". In order to get evidence that their spouses are having an affair, many people often hire people from "private detective companies" to follow them and take photos. Because the evidence should be obtained legally, it is necessary to investigate the understanding of the evidence of extramarital affairs in the operation process of detective companies to ensure the legitimacy of the evidence.
4. Imaging record
If the video taken by the parties in public can be used as evidence, if it is taken secretly, only the video taken in their own home can be used as evidence, while the video taken in the hotel through surveillance video and taken in other people's homes can not be used as evidence.
This kind of evidence is difficult to collect, and it is easy to cause conflicts, infringe on the privacy rights of others, and may also lead to lawsuits that infringe on the privacy rights of others, so it is generally not recommended to use it.
When a husband and wife negotiate about an affair, the recorded data are mainly collected by the parties themselves, and there is no need to inform the other party. If the recorded information collected by the parties admits that they are having an affair, the recorded information can be submitted to the court as evidence.
However, it should be reminded that because some digital audio recordings have the function of modification, the parties concerned should be able to prove that they have not been modified when providing the audio recordings to the court.
Extended data:
Legal consequences of marital infidelity
1. If one spouse has an affair, it is usually legally recognized that the relationship between the two parties is broken. If divorce is sued at this time, even if the defendant does not agree to divorce, if the plaintiff insists on divorce, the court will generally decide divorce.
2. Divorce due to infidelity does not affect the division of property in principle.
At the time of divorce, it is only stipulated in Article 47 of the Marriage Law that one party conceals, transfers, sells, destroys the property of husband and wife, or forges debts in an attempt to occupy the property of the other party. When dividing the marital property, the party who conceals, transfers, sells, damages the marital property or forges debts may divide the marital property.
3. The cheating behavior of one party violates the faithful obligation of the marriage law, so the innocent party can ask the guilty party to compensate for the losses. This can be found in real cases in judicial practice.
Finally, cheating does not affect the child's custody. The law will comprehensively consider and compare the conditions of both parties, and take which side of the child's life is more conducive to healthy growth as the principle. The emotional entanglement of adults is not a necessary condition to decide who the custody of children belongs to, so derailment does not affect the custody of children.
China People's Network-Civil Procedure Law
Chongqing court network-the woman cheated in marriage and gave birth to a child. The court upheld the man's claim.