Can chat records be used as evidence of cheating?

Chat records can be used as evidence of cheating.

Chat records in marital infidelity are a common evidence. For the content of mobile phone messages, emails, chat records between one spouse and the adulterer, you can use relevant software to collect such evidence, and you can entrust the public security department to fix such evidence after you get the mobile phone. If the conditions don't allow, you can find a way to save it yourself. Mobile phone messages can be taken with your mobile phone with a digital camera, and computer and network data can be intercepted and saved in full screen.

There are three main situations of marital infidelity:

1. Adultery is an occasional extramarital affair, which does not reach the level of cohabitation or bigamy with the opposite sex outside marriage. In judicial practice, the act of catching a prostitute in bed for no reason and opening a room alone with the opposite sex in the middle of the night can generally be regarded as adultery;

2. Cohabitation: "Cohabitation" here means that one spouse lives with others. Mainly refers to people who have spouses and the opposite sex outside marriage and do not live together continuously and stably in the name of husband and wife. In judicial practice, it is generally believed that cohabitation for more than two or three months constitutes cohabitation;

3. Bigamy refers to the behavior that one party has a spouse and registers to marry or cohabit with others in the name of husband and wife, and knows that others have a spouse and registers to marry or cohabit with them in the name of husband and wife. The so-called living together in the name of husband and wife means that the opposite sex treats each other as husband and wife and pretends to be husband and wife. For example, having a spouse and getting a marriage certificate with others, holding a wedding ceremony, etc. It can be considered bigamy.

In any of the following circumstances, you must choose a lawsuit for divorce:

1. Only one party insists on divorce, and the other party does not agree to divorce;

2. Although the two sides agreed to divorce, they did not reach an agreement on issues such as child support, property division, creditor's rights and debts;

3. One or both parties have limited or no capacity for civil conduct;

4. Not registered for marriage in China;

5. Both parties or one party cannot go back to the place where the household registration is located to handle it in person.

To sum up, in some cases, chat records may be considered as evidence to support or prove someone's infidelity. However, whether the chat record is accepted as evidence and its effectiveness in court will depend on the provisions of local laws and the judge's judgment.

Legal basis:

Article 1079 of the Civil Code of People's Republic of China (PRC)

If one of the spouses requests a divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.