Divorce lawyers can unearth evidence of cheating, but they generally have to ensure it is legal. The privacy of the spouse concerned cannot be invaded. Generally, the evidence that can be collected includes photos, videos or cheating consumption records, etc. And the cheated party, as the infringed party, can apply for part of the compensation.
1. What evidence of infidelity can a divorce lawyer retrieve? In the case of infidelity, a divorce lawyer can help retrieve evidence of infidelity, but it must not violate the law, must not excessively invade other people's privacy, and the evidence collected cannot be publicized everywhere. The evidence that can be retrieved is: 1. Emails and chat records, but this must have a complete chain of evidence; 2. Video; 3. Photos; 4. Guarantee or letter of remorse, which is equivalent to a disguised admission by the other party, a guarantee or a letter of remorse. Letters of repentance will be accepted by the court; 5. Consumption records. If mediation fails under any of the following circumstances, divorce should be granted: 1. Bigamy or a spouse living with others; 2. Domestic violence or abuse or abandonment of family members; 3. Gambling, drug abuse and other bad habits that persist despite repeated admonitions; 4. Separated for more than two years due to emotional discord; 5. Other circumstances that lead to the breakdown of the relationship between husband and wife.
2. How to distinguish between pre-marital and post-marital properties? 1. The house purchase contract shall be the date of signing and the date before the marriage certificate shall be considered as pre-marital property. If one spouse signs a real estate sales contract before marriage, uses personal property to pay the down payment and takes a bank loan, and after marriage uses the joint property of the couple to repay the loan, and the real estate is registered in the name of the party who paid the down payment, the real estate will be handled by agreement between the parties upon divorce. . 2. If an agreement cannot be reached, the people's court may rule that the real estate belongs to the party with the property rights registration, and the unpaid loan shall be the personal debt of the party with the property rights registration. The amount paid by both parties to repay the loan and the corresponding property portion after marriage will be compensated by the party who registered the property rights to the other party. 3. In the event of divorce, the spouses' separate property shall be handled by agreement between the two parties; if an agreement cannot be reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking into account the rights and interests of the children and the woman. A house purchased with a loan before marriage is generally personal property and will not be divided when the joint property is divided. However, if both husband and wife jointly pay the loan for the house after marriage, it is joint property. In this case, you need to leave a bank certificate when paying the house payment, which can be used as evidence to protect your rights and interests when dividing the property. To sum up, the evidence of infidelity that a divorce lawyer can obtain must be legal. Otherwise, it will not serve as evidence in court proceedings. The legal fees required vary from place to place and are generally judged based on the living standards of each place.