How to investigate and collect evidence of extramarital affairs

The methods for obtaining evidence of extramarital affairs are as follows:

1. Evidence of extramarital affairs on mobile phones. For the content of mobile phone text messages, emails, computer blog diaries, and QQ chat records between one party to the marriage and the affair partner, if possible, the public certification department should be entrusted to fix such evidence. Even if conditions do not permit, you should try to save them on your own. Mobile text messages can be photographed with a digital camera attached to the mobile phone, and computer and network data can be captured and saved in full screen.

2. Collect written evidence. Written materials in the form of "confession", "acknowledgment of wrongdoing", "guarantee", "agreement" and other forms written by one party to the marriage out of affection or desperation or to express repentance at the early stage of the incident when the affair was suddenly exposed; Marriage Transcripts and materials of police intervention when one party engages in prostitution, dating, illegal cohabitation, etc.; Documents and materials of handling decisions that may be made when the employer discovers that one party to a marriage has engaged in prostitution, extramarital affairs, etc.; Insiders or testimonials’ comments on marital affairs Or documentary evidence written about incidents related to illegal cohabitation.

3. Collect audio and visual evidence. Audio recordings of husband and wife discussing matters related to marital affairs, which are mainly collected secretly by the parties themselves; videos and photos of one party to the marriage and a third party in a public place, hugging each other, or entering and exiting a room, etc. Entrusting a third-party investigation company private detective to collect these evidence materials is safer, more reliable and has independent evidence effect. As long as it is not illegal, the audio and video materials shot and recorded by the parties or their agents can be used as evidence and have probative force.

4. Collect on-site evidence. To collect on-site evidence of an adulterer in bed, it is best to take a video to better explain the problem; this type of evidence is very difficult to collect, and it is more likely to cause intense real-life conflicts; the courts usually do not advocate this type of evidence, and the judicial community does not support the collection of this type of evidence. The method is controversial.

However, it should be noted that the legal provisions on obtaining evidence of extramarital affairs include: Evidence cannot be obtained through illegal means. Evidence that can legally prove the other party's extramarital affair includes a house rental contract in which one party lives with another person, letters exchanged between the two parties, informed witness testimony, chat records between the cheating party and others, etc.

Legal basis

"Civil Procedure Law of the People's Republic of China"

Article 66 Evidence includes:

(1) Statements of the parties;

(2) Documentary evidence;

(3) Physical evidence;

(4) Audio-visual materials;

(5) Electronic data;

(6) Witness testimony;

(7) Expert opinion;

(8) Inspection records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 67 The parties concerned are responsible for providing evidence for their claims.

The People's Court shall investigate and collect evidence that the parties and their litigation agents cannot collect on their own due to objective reasons, or evidence that the People's Court deems necessary to hear the case.

The People's Court shall comprehensively and objectively review and verify evidence in accordance with legal procedures.

Article 68: The parties concerned shall provide evidence in a timely manner for their claims.

The people's court shall determine the evidence that the parties should provide and the time limit based on the claims of the parties and the trial status of the case. If a party has difficulty in providing evidence within the time limit, it may apply to the People's Court for an extension of the time limit, and the People's Court will extend the time limit appropriately based on the party's application. If a party fails to provide evidence within the time limit, the people's court shall order it to explain the reasons; if it refuses to explain the reasons or the reasons are untenable, the people's court may not accept the evidence according to different circumstances, or may accept the evidence but impose a reprimand or fine.