What's the use of catching evidence of cheating? In marriage, when one party is unfaithful, the non-unfaithful party should strive to obtain the evidence of the unfaithful party's infidelity, so as to maximize its own rights and interests. What's the use of sharing evidence of cheating?
What's the use of catching evidence of cheating? 1 1, get mental compensation.
Article 46 of the Marriage Law stipulates that if one of the following circumstances leads to divorce, the innocent party has the right to claim damages: bigamy; Having a spouse living with others; Commit domestic violence; Abuse or abandonment of family members. According to the law, the court will support the claim only if the wrong party has the above legal circumstances and the innocent party files a claim.
That is to say, Article 46 of the Marriage Law only stipulates four situations in which damages can be applied, and there is no all-encompassing clause. The judge can't expand the scope of damages at will, or, only extramarital affairs, that is, extramarital sex, even if there is direct evidence of "caught in bed", it may not be supported by the court for mental compensation.
2. Find out whether the other party has a cohabitation relationship with a third party.
Catching a "traitor" does not prove that the wrong party has a cohabitation relationship with a third party. "Cohabitation" and "adultery" are not legal concepts. Cohabitation requires living together continuously and stably for a certain period of time. Adultery can happen within an hour. In addition, it is a misunderstanding that one spouse has illegitimate children with a third party, so it is considered that there is a cohabitation relationship between them. Having children can only prove the existence of improper relationship between men and women, but it may not prove the fact of cohabitation, and it may not be possible to get mental compensation.
The necessity of catching rape
Of course, in the case that the other party has an affair but can't get mental compensation, it doesn't mean that there is no need to collect evidence in this regard. First, according to "the Supreme People's Court's Specific Opinions on Handling Property Division in the Trial of Divorce Cases", the court should adhere to the principle of "taking care of the innocent party" when handling cases, which is the legal reason for the innocent party to divide property. When the cost of obtaining evidence is not high, the more evidence, the better.
Secondly, from the perspective of litigation strategy, if there is evidence of "caught in bed", it is possible to gain more initiative in litigation, put more pressure on the wrong party, and force it to make greater concessions, so as to achieve the advantage of getting more points in property, so that its pain can be comforted from its share of property.
The method of catching rape
1. Hire a survey company
If you have a lot of family property and it is difficult or inconvenient to collect evidence yourself, it is a better choice to hire an investigation company to investigate and collect evidence. The purpose of arresting some parties is not to seek care in the division of property, but to achieve psychological balance, prove the fault of their spouses to the world and seek spiritual comfort. In this case, hiring an investigation company to catch rape is also a way to seek psychological balance.
2. Evidence of rape and its acceptance by the court.
(1) It is legal and effective to catch a rape and take photos in your own bed. If you break into your bedside and raise your camera to take pictures of the bed, the photos will be more easily recognized by the court. Grasping rape in one's own home does not belong to breaking into another's home and does not constitute criminal responsibility. Whether the process of catching rape and the photos taken infringe the reputation right of the arrested person, etc. It depends on the purpose, scope and consequences of catching rape.
If it is to obtain evidence in divorce proceedings and protect your legitimate rights and interests, even if the behavior is a bit extreme, you only need to subjectively not intentionally insult others, objectively not widely disseminate photos, and not deliberately publicize, just need to testify in court. It can't be said that the reputation right of the arrested rapist has been violated, and the evidence is likely to be effective.
(2) It's debatable whether it's legal to catch rape and take photos in other people's homes or hotel beds. Because the way of obtaining evidence should be legal, otherwise even if it reflects the truth, the obtained evidence will not be accepted by the court, but may be subject to tort litigation. Citizens enjoy the right of reputation, and their personal dignity is protected by law. It is not unreasonable to investigate and collect evidence that they are unfaithful to themselves, but their actions should be in line with the law. If the right of personality of others is violated in the investigation and evidence collection, it constitutes mental damage to others and should bear civil liability.
(3) The legality of obtaining evidence in public places such as parks. Although there is little intimate contact in public places, it does not rule out that some people have sex in the wild or in the park. If the behavior occurs in the category of public places, the behavior of the actor loses the narrow sense of privacy. It is generally believed that this is the actor's own waiver of privacy. Therefore, the evidence obtained is more likely to be accepted by the court.
The content of property division in the confession of a traitor.
Once a rapist succeeds in catching a rape, he often takes advantage of the environment to force the wrong party to sign something similar to a "confession" and let the wrong party sign a long-drawn-up property distribution plan. As for the validity of this agreement, due to the lack of the basic principles of fair and voluntary contract, it is unlikely that the court will make a judgment.
What's the use of catching evidence of cheating? What kind of evidence of extramarital affairs will be accepted by the court?
Simply put, legal and proven evidence of extramarital affairs will be accepted by the court.
The most common evidence of extramarital affairs is photos and videos that can reflect the intimate behavior of two people. This kind of evidence can be described as the "king of evidence" to prove a spouse's extramarital affairs. As long as the means of obtaining evidence is legal and the chosen place of obtaining evidence does not infringe on the privacy of others, the court can determine that the spouse has a marital fault according to the contents of photos and videos and the rules of daily life experience.
But for other types of evidence, it can't prove the fact of extramarital affairs. In many cases involving extramarital affairs in the past, more than 50% of the parties claimed that their spouses had extramarital affairs, and the evidence supporting their claims was generally only the WeChat conversation record between spouses and the opposite sex.
The difficulty in recording WeChat conversations lies in how to prove the holders and users of WeChat. It is impossible to prove that WeChat users are spouses, and the court cannot identify extramarital affairs. At the same time, judging whether the spouse has marital fault behavior through the content of WeChat conversation depends on the degree of conversation between the two people and whether they are close enough to talk about sex and sensitive content. Simple ambiguous chat is not enough to identify extramarital affairs.
In addition, more than 20% of the parties can provide recorded evidence to prove that the spouse admits or does not deny the fact of extramarital affairs. The recorded evidence is also flawed. The court's determination of the facts of extramarital affairs depends on the conversation in the recording and whether there is other evidence to confirm each other. There is only one recording, or the other party vaguely admits the extramarital affair in the recording, or the other party does not deny the extramarital affair, or the details of the extramarital affair are not revealed in the recorded conversation, so it is difficult to finally determine the fact that the spouse has an extramarital affair.
The proof standard for determining the facts of extramarital affairs is the same as that for determining the facts of domestic violence, which needs to reflect the severity of the behavior. It is difficult to identify an extramarital affair only by occasional ambiguous words.
Then, apart from photos and videos, which are very intuitive and give people visual impact, does the court not accept other evidence? That's not true. For the use of other evidence, it is necessary to find the connection points and * * * connection points between the evidence and use them in series to achieve the corresponding proof purpose.
This is a great test of lawyers' ability to strategize the evidence, how to connect the evidence in series, how to typeset and sort the evidence, and how to accurately express the content of the evidence in order to achieve the effect of mutual verification. Because of the space and the need to combine specific cases, I will not describe them here.
2. How to effectively collect evidence of extramarital affairs?
There are many ways to teach you how to collect evidence of extramarital affairs in the market, but the practicality is not strong, which makes many parties feel at a loss and lose their way. Today, I will teach you how to collect evidence of extramarital affairs.
Before teaching you how to collect evidence of extramarital affairs, it must be emphasized that the premise of all evidence collection of extramarital affairs is to protect the interests of family, children and property because of the injury of extramarital affairs, and the obtained evidence cannot be used in the field of illegal crimes.
At the same time, before collecting evidence of extramarital affairs, ask yourself, can such a marriage survive? Do you want to divorce or are you going to divorce? If you don't want a divorce, it is not recommended to collect evidence of extramarital affairs. The process of collecting evidence of extramarital affairs will only make you more anxious and miserable, and lose trust and hope in marriage, but you should focus on how to repair the marriage relationship and how to adjust the mode of getting along with husband and wife.
If you are going to divorce, you can collect evidence in secret without disturbing the other party. How?
First of all, you need to know your spouse's daily whereabouts. More than 99% of the details of extramarital affairs cases are public, and the cheating party will definitely have a process of getting along with the opposite sex alone, especially during their love. Therefore, we can track the spouse during commuting time to determine the whereabouts of the spouse and understand the abnormal behavior of the spouse and the room where he gets along with the opposite sex.
After knowing your spouse's daily whereabouts, you can collect evidence by waiting for photos. For example, spouses living together with the opposite sex can stay downstairs for several days and take photos of them coming in and out together. If two people go home for several nights in a row and leave home in the early morning, according to the law of daily life experience, we can infer the fact that they live together.
At the same time, most couples in love will eat, shop, go shopping, watch movies and travel together, so they can take a follow-up way to shoot or video the intimate interaction between them. Especially during and around Valentine's Day in China, Valentine's Day in the West, Mid-Autumn Festival, Christmas in the West and other festivals, there should be a lot of gains through tracking your spouse in disguise. No matter how careful they are, they will leak clues one day. As long as they can wait patiently, they will certainly get the relevant evidence.
The second is to try to get your spouse's mobile phone and be able to operate it. The content in the mobile phone is massive, and it is difficult for a person to delete the derailed information in a timely and comprehensive manner. What if I get my spouse's cell phone?
Take a mobile phone as an example. First, click on the "Photos" function menu to search all the photos of your spouse in the past, especially the "photo album". There are two options: "Hide" and "Recently Deleted". Maybe you can find something from here.
If you find intimate photos and videos of two people, you can first use WeChat to send the photos and videos to your mobile phone, delete your spouse's WeChat conversation window, and delete the sending traces. The evidence obtained in this way can not only confirm the objective facts of extramarital affairs, but also confirm the source of the evidence, which is very effective.
Secondly, click on the "WeChat" communication tool to search the chat records of spouses and opposite sex, group chat records and collection records. If you find that two people have any ambiguous chat records, you can press and hold the conversation text, select "Multiple Selection", view all chat records, and press "Merge and Forward". The evidence obtained in this way can not only display the avatar and nickname of WeChat users, but also display the specific time of chat records. As long as we can finally prove that WeChat users are spouses, we can prove the fact of their extramarital affairs.
As for how to confirm the identity of WeChat users, further evidence can be obtained as follows: use your own mobile phone, turn on the video recording function or use the other mobile phone, turn on the screen recording function, click on your spouse's WeChat chat record, your spouse's WeChat information page, your spouse's WeChat avatar and your spouse's WeChat circle of friends in turn, and find out whether there are your own life photos and information content in the circle of friends and the bank card information and identity information bound in your spouse's WeChat wallet, and submit them to the court to form valid evidence.
Thirdly, many social software collect personal travel, consumption, entertainment and other information, and it is not excluded that clues can be found from these social software. For example: Didi Chuxing, Baidu Map, Gaode Map, the common address bar will include the places where the spouse usually goes, and its common functions also include information such as taxis and hotels; Public comment, Ctrip, which will include information about spouse's travel, reservation, catering, travel, hotel and so on; Tik Tok, Aauto Quicker, Weibo, who will have a social chat record with others; Taobao and JD.COM, they will record their spouses' daily consumption and shopping for themselves or others.
Third, relevant evidence can be reinforced by recording. When the spouse's cheating behavior is exposed, more than 50% people will repent and have no defensive psychology, so at this time, open your heart and talk to each other without blaming, so that you can get relevant recorded evidence.
In the recording, it is necessary to guide the spouse to clearly admit the fact of cheating, such as communicating around the time of communication, the channels of understanding, the intimacy of the relationship, and whether there is a sexual relationship. If multiple recordings point to the spouse's confession of extramarital affairs, it can be used as effective evidence to identify his marital fault.
Fourth, you can also pretend to forgive his behavior by agreement, let him write down "what happened" and present the fact of cheating in words, which can also be used as effective evidence to identify the fact of cheating.
At the end of the article, many people may ask whether we can go directly to the scene to "catch the rape". In fact, there are many unknown risks in the process of "catching rape". I don't recommend collecting evidence in such an extreme way unless absolutely necessary.
If it is really necessary, and the spouse is suspected of whoring, he can report it to the public security organ, which will verify the relationship with both parties according to the content of the report. One party can only admit that it is a boyfriend and girlfriend, not a prostitute, so as to achieve the purpose of confirming the wrong behavior of the spouse in marriage.
What's the use of catching evidence of cheating? 1. What if there is no evidence of infidelity in the woman's marriage?
You can sue, but divorce is more difficult. Whether divorce can be achieved depends on the degree of emotional breakdown between the two parties.
1. The court ruled that divorce was very cautious, and mediation was needed first. The purpose of mediation is to urge both parties to reach an agreement, agree to divorce or both parties agree not to divorce.
2. If no agreement is reached through mediation, divorce shall be granted or not.
3. Cases in which divorce is not allowed: including cases in which the woman filed for divorce during pregnancy, lactation and within one year after delivery, and the court ruled that divorce was not allowed within half a year after termination of pregnancy.
4. Divorce should be granted, including bigamy, cohabitation, violence, abuse, abandonment, bad habits, separation for two years, the other party's declaration of disappearance or other circumstances that lead to the breakdown of feelings between the two parties.
Cheating is not a legal reason for divorce (unless it constitutes a cohabitation plot), so you don't have to pay special attention to whether the evidence is sufficient. The core factor of the court's decision on divorce is whether the relationship between husband and wife has broken down, which is a difficult indicator to quantify, so it is really difficult to sue for divorce if the other party does not agree to divorce. Of course, it is not completely helpless. If the legal consciousness is strong enough, pay attention to retaining the evidence of marital relationship breakdown, and it is not impossible to leave.
For example, if a husband and wife quarrel, they can choose to call the police or deliberately seek mediation from the neighborhood Committee. These records can be preserved as evidence of marital disharmony or even breakdown. Even if the strategy of prosecution by stages is adopted, the possibility of the first divorce may not be high, but the possibility of the second divorce is much higher. Even if there is no other evidence, the judge can see the extent of the marital relationship.
Second, the way of divorce
There are two ways of divorce, the first is divorce by agreement, and the second is divorce by litigation. If both parties agree to divorce, they shall go through the divorce registration at the Civil Affairs Bureau where either party's household registration is located with their marriage certificate, household registration book, ID card, children's birth certificate, divorce agreement and photos of both parties.
If you just want a divorce, but the other party doesn't agree, you can only file a lawsuit for divorce, but it usually takes 2-3 months to file a lawsuit for divorce. If there is no legal divorce, it is less likely that the court will decide to divorce, and you generally need a second lawsuit to get married (legal divorce cases: domestic violence, abandonment, abuse, drug abuse, gambling, bigamy, imprisonment, physical defects or diseases that are incurable for more than two years due to emotional disharmony, etc. ).
Generally speaking, even if there is no evidence in the marriage, the woman can file a divorce lawsuit with the court. The general court will mediate first. If there is no evidence, if the first trial fails, she can continue to file a second-instance lawsuit, and it is very likely that she can get a divorce, depending on the court's decision.