

Q
I think my husband is having an affair, so I want to proceed with a lawsuit against the adulterous partner. How do I collect evidence of infidelity?
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I think my husband is having an affair, so I am planning to proceed with a lawsuit against the adulterous partner. I am wondering how I can collect evidence of infidelity for the lawsuit. I would also like to know whether I can file the lawsuit even if the evidence of infidelity is not sufficient.
evidence of infidelity
Answer to Related Inquiry
Author: 정찬우
A lawsuit against the adulterous partner is a legal procedure for claiming damages when the marital life between spouses has been harmed by a wrongful act. In such a lawsuit, because the burden of proof lies with the plaintiff, securing evidence of infidelity is very important.
When collecting evidence of infidelity, you must comply with legal procedures, and if you obtain evidence by unlawful means, it may not be accepted as evidence in court or may even work against you.
Records of conversations with the party suspected of infidelity can be very important material as evidence of the affair.
You can save or capture text messages or emails exchanged with the other party and use them as evidence.
However, unlocking a password and reading messages without the other party's consent may be unlawful, so caution is required.
Photographs or videos taken at the scene of the affair are also important evidence.
If you witness a scene in which your husband and the other party are together, or if you can film the scene of the affair, you can submit this as evidence.
Even in this case, you must avoid using unlawful methods, and you should secure evidence by lawful means as far as possible.
Because responding emotionally while collecting evidence of infidelity can ruin the matter, we recommend that you not proceed on your own, but rather retain a firm that can provide one-stop handling from evidence collection to filing the lawsuit and follow the procedure accordingly.
If you consult an attorney with relevant expertise, secure evidence of infidelity, and proceed with the lawsuit against the adulterous partner, you can increase the likelihood of receiving proper compensation for the emotional harm.

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