1. What is the evidence of extramarital affairs?
In reality, there are all kinds of evidence to prove extramarital affairs, but it is difficult to obtain such evidence, and it is also difficult to prove that one party has extramarital affairs with individual evidence. Therefore, it is necessary to prepare as much evidence as possible to form a complete evidence chain, so as to facilitate the judge's comprehensive judgment:
1, photos: various photos showing the intimate relationship between the spouse and the third party;
2. Recording: Recording that can prove that the spouse has an extramarital affair with a third party, such as the spouse admitting to having an extramarital affair with a third party during the conversation with the spouse;
3. Videos: various videos showing the extramarital relationship between spouses and third parties;
4. SMS: SMS about an extramarital affair between a spouse and a third party. Sometimes, spouses and themselves, and third parties and themselves may contact each other through SMS. When it comes to extramarital affairs, such messages can be kept as evidence. However, due to the characteristics of short messages, it is difficult to save them, and it is difficult to directly prove who the sender and receiver of short messages are, so some special measures need to be taken to save them, and some auxiliary evidence may be needed to prove the fact of extramarital affairs. But in any case, these short messages can be used as evidence of extramarital affairs to help the prover form a complete chain of evidence. For example, the short message was left in the receiver's mobile phone and was not deleted. Save it in the storage space or memory card of the mobile phone, or the short message is fixed and notarized by the notary office for future use as evidence.
5. E-mail: Sometimes a spouse will contact a third party by e-mail, and it will also involve extramarital affairs. Some parties will also print out the contents of the email as evidence and submit it to the court, while others will keep electronic evidence through notarization. However, it is very difficult to only use email as evidence of extramarital affairs, because it can confirm who the sender and the recipient are, and it can only be used as auxiliary evidence to help the witness form a complete chain of evidence.
6. Written materials admitted by the spouse and the third party: As we often encounter in cases, the party who has an extramarital affair has written a letter of guarantee to the spouse to ensure that it will never have an extramarital affair with XXX again. Such written materials can also help prove that the spouse has an affair.
Second, the treatment of extramarital affairs are:
1. If the husband and wife are unwilling to divorce, they can maintain their marriage relationship;
2. If both parties agree to divorce, they can reach an agreement and bring relevant materials to the marriage registration office for divorce registration;
3. If one party wants a divorce and the other party doesn't agree to divorce, it can file a divorce lawsuit with the court, and the court will make a judgment according to whether the relationship between the two parties is broken.
legal ground
Article 64 of the Civil Procedure Law of People's Republic of China (PRC), lawyers and other agents ad litem have the right to investigate and collect evidence, and may consult relevant materials in this case. The scope and methods of consulting relevant materials in this case shall be stipulated by the Supreme People's Court.