A spouse's infidelity: is litigation difficult without evidence?

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

However, in order to claim consolation money and the like, it is essential to secure 'evidence' that can prove the infidelity.

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

As evidence of infidelity, items such as messenger or text message content, photographs or videos showing entry into lodging establishments, and call recordings in which the spouse or the other party admits the infidelity can be used.

In addition, vehicle dashcam footage can also be used as key evidence.

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

In particular, vehicle dashcams, mobile phones, and CCTV are key means for which a substantial portion can be restored and analyzed through forensic analysis.

However, in order for digital forensic evidence to have legal effect, the following requirements must be satisfied.

Integrity : it must be proven that the evidence has not been manipulated, and the recovered file must be identical to the original

Lawful collection procedure : the evidence must have been collected through a lawful process

Analysis report from a specialized institution : merely restoring the data is not enough; an appraisal or analysis report from a credible forensic institution must be submitted together for greater legal persuasiveness

Therefore, when collecting evidence to prove a spouse's infidelity, it is wise to obtain the assistance of a digital forensics expert or an attorney.