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- How to obtain evidence of marital infidelity?
How to obtain evidence of marital infidelity?
Infidelity is one of the most common reasons for marriage breakdown, often leading to the betrayed spouse filing for divorce in court. If the divorce is to be filed with a declaration of fault, evidence of the partner’s infidelity must be provided. Learn how to gather evidence and why a detective specializing in infidelity cases can do this most effectively.
Table of Contents
When can marital infidelity be grounds for divorce?
Committing infidelity by a wife or husband is an extremely painful experience for the spouse. In most cases, the betrayed person is unable to forgive their partner and, as a result, decides to file for divorce. For a divorce to be granted, it must be based on the permanent breakdown of the marital relationship, and, according to case law, infidelity can also be a reason for this. Interestingly, such marital unfaithfulness does not have to be physical, as a flirtatious correspondence or the establishment of a platonic, but deeply intimate, relationship with another person may also be considered infidelity. In such situations, the aggrieved spouse can file for divorce with a declaration of fault, which will support their claims regarding child custody or maintenance. However, in such cases, the burden of proving their partner’s infidelity rests on them.
Proving a spouse's infidelity in court can be difficult
Let’s start with what evidence of infidelity is acceptable in court. As it turns out, proving infidelity doesn’t require solely photographs of the lovers. Evidence can include:
- Questioning the parties, including recounting specific situations by the aggrieved spouse,
- Witness testimony,
- Phone records and recordings of conversations,
- Correspondence (including e-mails and text messages),
- Photos and videos.
In practice, gathering such evidence can be challenging. Acting out of emotional distress can lead to mistakes. Therefore, it is beneficial to know that detective agencies offer support in this area.
How can a detective help to confirm a spouse's infidelity?
Gathering evidence of a partner’s infidelity is best entrusted to a specialist, such as a private detective with extensive experience in handling divorce cases. Entrusting this task to a professional ensures it will be conducted discreetly and effectively. A detective will carry out a discreet observation and confirm the infidelity of the spouse through professionally captured photos or even video recordings. They may also employ computer forensics to retrieve data from a computer or phone, as long as it is done within the bounds of the law. Furthermore, detectives can offer advice on how to gather information independently and may even lend equipment for this purpose.
Looking for help? Turn to a specialist!
If you need to prove your spouse’s infidelity, rely on the expertise of a professional. Evidence collected by a detective will be meticulously prepared and safeguarded to prevent it from being challenged in court. Entrusting this task to a specialist saves you time and avoids much of the unnecessary stress that usually accompanies such situations.
