Evidence collection of extramarital affairs in Hefei

Legal analysis: extramarital affairs have always been difficult to obtain evidence. On the one hand, we must produce evidence of extramarital affairs, on the other hand, we must not infringe on the privacy rights of others, including third parties, otherwise it is illegal to obtain evidence. It mainly includes: (1) Documentary evidence includes mobile phone messages involving sexual ambiguity between spouses and third parties; Letters that can prove that the spouse has an extramarital affair; (2) Physical evidence includes personal items presented to the spouse by a third party; (3) Audio-visual materials; (4) Witness testimony: Witness testimony includes a "guarantee" written by one party; (5) Appraisal and inspection conclusions.

Legal basis: Article 1079 of the Civil Code states that if one of the spouses requests a divorce, the relevant organization can mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.