Is your spouse cheating on you? You want to divorce, he disagrees, and denies being unfaithful? You can initiate divorce proceedings for fault! However, you will have to bring evidence of this adultery before the judge.
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What evidence is admissible to prove his or her spouse’s infidelity?
What is adultery or infidelity in French law?
Is your spouse cheating on you? You can apply for divorce for fault if you prove that your spouse committed acts constituting a serious or renewed violation of the duties and obligations of marriage (fidelity, relief and assistance) and that these facts make the maintenance of life together intolerable.
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Adultery is a violation of the reciprocal duty of fidelity between spouses during marriage. Your spouse performs outings with others without having relationships sexual with these? He exchanges ambiguous emails with acquaintances? When will the Judge consider that your spouse is misleading you and will be able to pronounce a divorce for fault?
Of course adultery will justify a cause of divorce for fault if your spouse has consumed sexual union with someone other than you. However, simple unfaithful behaviour without proven sexual relations can be a cause of divorce.
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If your spouse has an ambiguous relationship with an individual, the Judge may consider this behaviour to be offensive, even if adultery is not truly established and divorce for fault to your spouse’s exclusive wrongs.
The forms of adultery are multiple, so your spouse does not comply with his obligation of loyalty if he has one-time relationships with another person, if he has installed his concubine near your home, or if he expresses to knowingly that he or she shares his life with someone other than you.
When should adultery be committed? It must necessarily have taken place between the date of celebration of the marriage and the date of its dissolution.
I have evidence that my spouse is unfaithful but is this evidence admissible before the Judge?
You have SMS from her mistress, a video in a hidden camera, a pocket call, a letter, an email, a photo published on facebook, a registration to a dating site, a telephone tap… proving is infidelity how do you know if this evidence is admissible before the judge?
The legal framework of proof of infidelity is very simple, by deceiving you your spouse commits a marital fault, but spousal fault falls within the domain of privacy, so there will be no infringement of your spouse’s privacy by reporting all these evidence demonstrating his infidelity. As a matter of principle, all the evidence to prove your spouse’s infidelity will therefore be admissible before the Judge.
However, there is a limit to this freedom of proof! The Judge will dismiss any evidence obtained by fraud or violence. Knowing that it is up to your spouse to prove that these items were obtained through fraud or violence.
How do I prove my spouse’s infidelity?
- Peel off text messages, emails, and letters
Look at the messages received from his mobile phone, check his voice mail, log in to his email address, and take screenshots or ask for a finding from a bailiff the judge will receive these means of evidence.
The risk of this technique is fraud! Your spouse will attempt to rule out this evidence by claiming that you obtained this information through fraud, i.e. by physically stealing his phone or computer.
To answer this argument constitute a counter argument, showing photo in support that your spouse’s phone is often deposited on the living room table, or that he uses his computer in your home, so prove that you have had free access to this information.
- Find photos on your computer, laptop, cloud
Look for photos that testify to his extra-marital encounters.
- Searching his agenda, his diary
Find inconsistencies in the schedule, or report writings from a possible diary. These elements may constitute evidence of infidelity.
- Hire a private detective
The judge will accept that you provide proof of his infidelity through the production of a detective report. private.
- The finding of adultery by a bailiff.
The findings of the bailiff are admitted, and this is formidable evidence. You will need permission from the president of the court de grande instance, who will be the family judge if the finding is to be made outside the matrimonial home.
To obtain this authorization from the Judge, you will need to report evidence that may lead to suspicion of acts of infidelity on the part of your spouse.
- Peel Facebook, Twitter, LinkedIn, Snapchat
If you find photos, messages, on social networks proving your spouse’s infidelity take a screenshot and then very quickly contact a bailiff who will establish a finding of the content found.
- Take a tour of the dating sites
Watch on the best known dating sites if your spouse is not registered. Registration on a dating site may constitute a beginning of proof to adultery.
- Biological proof, you’re not the father of your children.
You can prove your wife’s infidelity by producing a comparative blood test report to justify that the children born of marriage were not born to you.
- Attestation of your entourage
Attestations of persons who have become aware of the facts of infidelity are admissible. However, attestations from all direct line descendants, whether or not they are common to your spouse are not admissible. Children or grandchildren will not be able to testify to the facts of infidelity committed by your spouse.
Do you know that your spouse is cheating on you and he denies everything in bulk? Try to develop as much evidence as possible while staying in legality and remaining cautious. Do you have an idea to prove your infidelity do not hesitate to contact a lawyer in your area belonging to the AGN network to find out if this evidence is legal and whether it will be admissible before the Judge?
If you would like more information about divorce, AGN Avocats invites you to read these articles:
- Divorce for fault: Will I receive more money?
- How to share the heritage during a divorce?