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Extramarital affair investigation and evidence collection
Legal analysis: 1. Find opportunities to take screenshots: the content of mobile phone text messages, email content, and QQ chat records of the affair partner can be captured and saved in full screen. 2. Collect written evidence: The party having an extramarital affair has written a letter of guarantee to his or her spouse, promising not to have an extramarital affair with someone. Such written materials can also help prove that the spouse has an extramarital affair. Therefore, this kind of "paper" can be used as evidence of extramarital affairs. 3. Collect audio-visual evidence: videos and photos of the affair partner entering and leaving a public place, embracing each other, or entering and exiting a room. These evidence materials are collected by a third-party investigation company, private detective agent. 4. Collect on-site evidence: To collect on-site evidence of the rape in bed, it is best to videotape it. The above is the extramarital affair evidence that needs to be collected. In order for the judge to make a comprehensive judgment based on the extramarital affair evidence when hearing the case, marriage lawyers recommend that you collect as much evidence of one party's extramarital affair as possible to form a complete chain of evidence for the court to determine.
Legal basis: "The People's Republic of China and the Civil Code"
Article 1,079 If one spouse requests a divorce, the relevant organization may mediate or directly seek divorce. Divorce proceedings were initiated in the People's Court. When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted. If mediation fails under any of the following circumstances, divorce shall be granted: (1) Bigamy or cohabitation with others; (2) Domestic violence or abuse or abandonment of family members; (3) Gambling, drug abuse and other bad habits that persist despite repeated admonitions; (4) Separated for more than two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between the couple. If one party is declared missing and the other party files for divorce, the divorce shall be granted. After the people's court has ruled that divorce is not allowed, and the two parties have lived apart for one year, and one party files a divorce lawsuit again, the divorce shall be granted.
Article 1,091 If one of the following circumstances leads to divorce, the party without fault has the right to claim damages: (1) bigamy; (2) cohabitation with others; (3) execution Domestic violence; (4) Abuse and abandonment of family members; (5) Other major faults.
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