What kind of evidence of infidelity should I collect?

If you are considering legal procedures in a situation where your wife's infidelity has not been clearly confirmed, securing objectively acceptable evidence of infidelity is the most important thing first.

In a claim for damages against the affair partner (adulterous male), the key issue is whether an affair actually existed, that is, whether there was an act of infidelity in breach of the marital duty of fidelity, and if this cannot be proven, the claim is highly likely to be dismissed.

In your current situation, KakaoTalk expressions of affection or merely inferable circumstances may lack sufficient evidentiary weight to establish the fact of infidelity.

Therefore, if a dispute is anticipated in the future, it is necessary to establish a lawful and systematic evidence-gathering strategy.

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

1. Direct evidence and strong probative value
Scenes of entering or leaving a hotel or motel captured in a car black box or CCTV footage
Payment records or reservation records for lodging establishments, travel destinations, pensions, and the like
Physical contact from which sexual relations can be inferred, or the fact of staying alone together in a bedroom or a lodging establishment

Such materials are recognized by courts as having the highest reliability, as evidence that raises the probability that actual sexual relations took place beyond the mere possibility of infidelity.

2. Indirect evidence and supporting materials
Continuous expressions of affection or intimate conversations between the spouse and a member of the opposite sex
Travel photographs, records of a vehicle's movement route, and location-sharing records
Call records and long-duration communication records
Gifts, account transfer records, and card use records
Hotel accrual and point records
Captures of posts or story content from a private SNS account
Secret messenger chats and records of restored deleted messages (digital forensics possible)

Such materials may be insufficient on their own, but they help to reinforce direct evidence and to substantiate the suspicion of infidelity.

If you have not yet decided on divorce, the following options exist.


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

2. Preparing a future legal response after undergoing counseling and psychological treatment in parallel

3. Proceeding with a divorce lawsuit and a lawsuit against the affair partner at the same time after securing evidence

4. Sending a certified content-proof letter to the affair partner and then negotiating or filing a suit

In infidelity-related litigation, the key is a strategy centered on evidence and procedure rather than an emotional response.

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

Daeryun Law LLC provides one-stop legal services, including advice on the direction and strategy of infidelity litigation, guidance on methods of collecting evidence for each situation and on lawful procedures, the drafting and submission of a complaint for damages against the affair partner, comprehensive planning that extends to child custody and child support issues, and collaborative support from the digital forensics center and the evidence investigation center.

In short, at this stage, rather than escalating an emotional confrontation, a records-management stage is needed in which you organize the time, place, content, and types of evidence.

If you request a consultation with a divorce attorney, we will accompany you through the legal procedures that follow, including the collection of evidence of infidelity.