
Legal Q&A
Q
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These days my husband never lets his phone out of his hand. He does not leave it alone even for a moment and takes it with him even when he goes to the bathroom. Even though I have asked several times, he just brushes it off, saying it is because he has a lot of work. My instincts have never been wrong, so it seems he is having an affair, but it is very difficult to obtain direct evidence. I am curious whether I can secure evidence of an affair through his phone or by some other method.
evidence of an affair
Answer
Published:
Author : ChanWoo JEONG
We understand that you have inquired about how to secure evidence of an affair.
To put the conclusion first, in your situation, it seems that securing evidence of the affair through digital forensics is the most effective approach.
This is because, if your husband is having an affair as you suspect, text messages, call records, and photographs with the affair partner may remain on his phone.
Even if such data has been deleted, a considerable portion can be recovered using professional forensic equipment.
In addition, besides the phone, there are also many cases in which indirect circumstances of an affair can be confirmed through a laptop, a vehicle dashcam, a cloud account, and the like.
For example, location records showing repeated visits to a specific place at a specific time, or communication records with a specific person, can be used as evidence of an affair.
At this point, for such digital evidence to have legal effect in a later divorce lawsuit or a lawsuit against the adulterous partner (female), the key is whether it was 'lawfully collected.'
This is because evidence collected unlawfully may not be admitted at trial.
Therefore, it is very important to entrust the matter to a digital forensics expert and have the analysis carried out in accordance with lawful procedures.
After the analysis, the expert provides a report that can prove the integrity and reliability of the evidence.
This can be used as strong evidence in legal responses such as a divorce lawsuit or a claim for consolation money.
If you are certain of the affair but lack evidence, securing objective materials through digital forensics can be a wise approach.
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ChanWoo JEONG
T. 070-5221-2387
Extensive corporate legal litigation and advisory experience · Attorney specializing in inheritance/tax/administrative law

GeunSu KIM
T. 070-5221-2805
Experience as Chief Prosecutor [Violent Crime] at the Seoul Eastern District Prosecutors' Office · Attorney Specializing in Sex Crimes/Drugs/Drunk-Driving Traffic/Military Criminal Law

HyeonSu KIM
T. 070-7510-2018
Officer at Seongseo Police Station, Daegu Metropolitan Police Agency Experience as an Investigation Officer at the Seoul Metropolitan Government Audit Commission