Can ambiguous chat records be used as evidence of marital infidelity? Both men and women should respect each other after marriage, but many people can't resist the temptation to cheat, which is disloyal to the other half. Can sharing ambiguous chat records be used as evidence of marital infidelity?
Can ambiguous chat records be used as evidence of marital infidelity? 1 The ambiguous chat record can be provided as evidence, but it is not the direct evidence of cheating, and it may not be deemed as substantial cheating.
According to the law, the evidence includes:
(a) Statements of the parties;
(2) Documentary evidence;
(3) Physical evidence;
(4) Audio-visual materials;
(5) Electronic data;
(6) Testimony of witnesses;
(7) Appraisal opinions;
(8) Records of the inquest.
Evidence must be verified before it can be used as a basis for ascertaining facts.
Deny/refute/spread rumors
When you cheat, you must clean the house?
Truth: No.
Analysis:
If one party cheats and divorces after marriage, the court will not sentence him to leave the house clean, and the people's court will make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. Going out clean is just an agreement between husband and wife on how to divide their property. If the two parties reach an agreement, it will take effect after divorce.
remind
How to obtain evidence for derailment?
1, strive for more witnesses.
To catch a rape is to invite a companion, so as to win more witnesses, and at the same time, do a good job of video recording as evidence through photography, audio recording and video recording as much as possible.
2. Collect as much indirect evidence as possible.
You don't have to catch the rape scene, you can collect other indirect evidence as much as possible.
3, easy to disappear, easy to change the evidence in a timely manner to save and fix.
Some evidence may be fleeting and can be fixed by asking for public intervention and taking notes, so that even if the other party deletes or changes it later, it will not be affected.
4, monitoring must be cautious.
Some parties buy and install monitoring equipment through improper channels, but our laws have strict legal provisions on the use of these equipment. A little carelessness may violate relevant laws and eventually bear administrative or even criminal responsibility punishment.
5. Appropriate use of public power.
The parties break into other people's houses to collect evidence without authorization, which may not only lead to tort liability, but also lead to low probative power. Therefore, it is suggested to use public power to intervene.
Can ambiguous chat records be used as evidence of marital infidelity? 2. What are the evidences of spouse's infidelity?
1, documentary evidence
Documentary evidence includes mobile phone messages involving sexual ambiguity between spouses and third parties; Letters that can prove that your spouse is having an affair. In addition to written evidence, such evidence must be notarized by SMS, email, etc. before being submitted to the court.
2. Physical evidence
Physical evidence includes personal items given to spouses by a third party, such as mobile phones and clothes; Keys to the third party's residence kept by the spouse, etc.
3. Audio-visual materials
Audio-visual materials include videos of spouses and third parties in pairs; Recording of private conversations between spouses and third parties; Caught in bed.
4. Testimony of witnesses
Witness testimony includes a "letter of guarantee" and an "apology letter" written by one party; Witness testimony of spouses and third parties entering and leaving the hotel; Witness testimony that the spouse is physically intimate with a third party; The spouse testified in court that he was happier with a third party. In addition, the children of both husband and wife, including minor children, can also be used as evidence if they can identify the fact that their parents have frequent contacts with the opposite sex.
5, identification and inspection conclusion
The conclusion of appraisal and inquest includes finding that spouse and their legitimate children are not their own children through paternity test; On-the-spot inspection of spouse living with a third party.
Second, can chat records be used as evidence of cheating?
The so-called evidence ability refers to the legal qualification of some factual materials as litigation evidence, so it is also called evidence qualification. The ability of evidence is a legal issue, and whether it has the ability of evidence should be stipulated by law or determined by the Supreme Court through judicial interpretation. There is no problem with the evidential ability of QQ chat records, which can be used as litigation evidence to prove the facts of the case.
Judging from the original intention of legislation, the Civil Procedure Law clearly includes electronic data in the catalogue of evidence, but it cannot exhaust all aspects of evidence. This provision means that electronic data, including emails, QQ chat records and even Weibo's private messages, may be presented as legal evidence.
Although most QQ chat records are carried out in virtual identities and have virtual contents, from the perspective of evidence, QQ chat records as litigation evidence should meet the following three requirements: ①QQ chat records must be objective and true, which can prove the true situation of the case; ②QQ chat records must be related to the facts of the case; ③QQ chat records must be legal, provided by the parties according to legal procedures or investigated, collected and audited by legal organs and lawyers according to legal procedures.
Admittedly, QQ chat record is the privacy of others, but when it conflicts with spouse's right to know and husband and wife's mutual loyalty obligation, which is more important? That is, who is more protected by the judiciary? The author believes that from the perspective of maintaining good customs, social morality and marriage stability, the spouse's right to know should be protected by law first, relative to the privacy between husband and wife.
In judicial practice, the evidence collected by husband and wife that infringes on the privacy of the other party cannot be excluded. When it can be mutually confirmed with other evidence to form a complete chain of evidence, it can be used as the basis for determining the facts of extramarital affairs; But if it is used as independent evidence, its probative force is relatively small.
Third, what should I pay attention to when collecting evidence of extramarital affairs?
Husband and wife have extramarital affairs, in the process of investigation and evidence collection in divorce proceedings, attention should be paid to:
1, to avoid infringement. For example, breaking into other people's homes and taking pictures. Even if the obtained evidence reflects the truth, it also infringes on citizens' legal rights such as personality rights and privacy rights, and cannot be used as legal evidence, and may also face legal responsibility for infringing on the rights of others.
2. Submit short messages, chat records of communication software, emails and other evidence to notarization in time to ensure the probative force;
3. The recorded materials submitted to the court should be clear and complete, and there is no arbitrary deletion. Audio files obtained by high-tech means such as recording pens should be transcribed on magnetic tapes or burned on material carriers such as optical discs, and the recording transcripts should be attached for court reference;
4, the collection of hair, blood, saliva and other DNA paternity samples, samples, should be kept according to the requirements of judicial authentication institutions, inspection, to ensure the authenticity and validity of the appraisal conclusion;
5. The evidence materials related to the privacy of the parties obtained through legal means shall be properly kept, and no content that damages the reputation of others shall be disseminated except to lawyers and courts, and no one shall coerce others to seek illegitimate interests.
If it meets the requirements, it can be used as evidence. But for different evidence, the probative force naturally varies from case to case. Even if the chat record can be used as evidence that one party cheated, the probative force can only be determined according to the actual situation.
Can ambiguous chat records be used as evidence of marital infidelity? 1. Does an ambiguous chat count as evidence of cheating?
1. If the content of the husband's chat with a third party is ambiguous, remember to save the screenshot or take photos with your mobile phone for evidence collection. Of course, it is not necessarily direct evidence, that is to say, the judge may not adopt it, because vague language does not mean that the husband cheated in marriage.
If two people divorce through court proceedings and want to get more property, they must provide sufficient and powerful evidence. If they only provide ambiguous chat information, the judge will ignore it and the final property will not be divided.
3, so if you find that your husband is cheating, you must prepare sufficient evidence, such as preparing photos of your husband and a third party. As long as they hold hands and hug, or go to a hotel, they can be used as strong evidence, and then the judge will favor you.
Second, how to deal with the husband's ambiguous chat?
1. When you find that your husband is chatting with other people and the information is ambiguous, don't show your emotions. But to keep good evidence and see what your husband wants next. After seeing the information, don't affect your mood. What should you do now? Don't insult your husband, otherwise it will only make things worse.
In addition, let's see where this matter has developed now and see if it is serious. If you just flirt and don't take practical actions, as a wife, you still have to trust your husband.
Of course, the breakup of marital relationship is not only the problem of one of them, so as wives, we should also reflect on ourselves to see if it is because we are too strong and give each other less space, which leads to this phenomenon.