What kind of infidelity evidence should I collect?

Hello. This is a divorce specialist attorney at Daeryun Law Firm.

If you are considering legal procedures in a situation where your wife's infidelity has not been clearly confirmed, securing infidelity evidence that can be objectively recognized is most important.

The lawsuit for damages against the affair partner (other man) hinges on whether the infidelity actually existed, that is, whether there was an unfaithful act violating the duty of marital fidelity, and if this cannot be proven, the claim is highly likely to be dismissed.

In your current situation, KakaoTalk affectionate expressions or speculative circumstances alone may have insufficient evidentiary value to recognize the fact of infidelity.

Therefore, if a future dispute is anticipated, it is necessary to establish a legal and systematic evidence collection strategy.

Below are the main types of infidelity evidence that can be recognized in court.

1. Direct evidence and strong probative force
Vehicle dashcam, CCTV footage of entries to hotels, motels, etc.
Payment or reservation records of accommodation establishments, travel destinations, pensions, etc.
Physical contact suggesting that there was a sexual relationship, or staying alone in bedrooms or accommodations

Such materials are recognized with the highest credibility in court as evidence that increases the likelihood of actual sexual relations beyond the possibility of unfaithful acts.

2. Indirect evidence and supplementary materials
Continuous expressions of affection or secret conversations between the spouse and the opposite-sex partner
Travel photos, vehicle movement records, location sharing records
Call history and long-term communication records
Gifts, account transfers, card use records
Hotel point accumulation records
Captures of private SNS account posts or story contents
Messenger secret chats, deleted message restoration records (digital forensics possible)

These materials may be insufficient on their own, but they help to rationalize suspicion of unfaithful acts by supplementing direct evidence.

If you have not finalized the divorce, the following options exist.


1. Filing damages claim immediately without separation or warning (possible but evidence must be very solid)

2. Preparing future legal response after consultation and psychological treatment

3. Securing evidence then proceeding with divorce lawsuit + affair partner lawsuit simultaneously

4. Sending a content-certified mail to the affair partner then negotiating or filing a lawsuit

Infidelity-related lawsuits require an evidence-and-procedure-centered strategy rather than emotional response.

If you hastily pressure or expose the other party without securing infidelity evidence, it may work against you.

Daeryun Law Firm provides one-stop legal services including infidelity lawsuit direction and strategy advice, situation-specific evidence collection methods and legal procedure guidance, preparation and submission of complaints for damages against the affair partner, comprehensive design including child custody and child support issues, and digital forensics center and evidence investigation center collaboration support.

To summarize, at this stage, rather than expanding emotional confrontation, a record management stage of organizing time, location, content, and types of evidence is necessary.

If you request consultation with a divorce attorney, we will accompany you in legal procedures derived from infidelity evidence collection and beyond.