Spouse's infidelity — is a lawsuit difficult without evidence?

A spouse's infidelity constitutes grounds for judicial divorce under Article 840 of the Civil Act.

However, to claim consolation money, etc., securing "evidence" that can prove the infidelity is essential.

This is because it is difficult to win a lawsuit based on mere suspicion or circumstantial evidence alone.

Evidence of infidelity can include messenger or text messages, photos or videos showing entry to lodging facilities, and recorded phone calls in which the spouse or other party admits the infidelity.

Vehicle dashcam footage can also be used as key evidence.

If your spouse has already deleted the footage, there is also the possibility of recovering deleted data through digital forensics technology.

In particular, vehicle dashcams, mobile phones, and CCTV are major means through which significant restoration and analysis are possible through forensic analysis.

However, for digital forensics evidence to have legal effect, the following requirements must be met.

Integrity: It must be proven that the evidence has not been tampered with, and the recovered file must be identical to the original

Lawful collection procedure: The evidence must have been collected through lawful processes

Analysis report from a specialized institution: Simply restoring data is insufficient; an appraisal or analysis report from a credible forensics institution must be submitted together for legal persuasiveness

Therefore, when collecting evidence to prove a spouse's infidelity, it is wise to receive assistance from a digital forensics expert or attorney.