[Direct answer]Common forms of valid evidence of infidelity include chat records and transfer records, affidavits, intimate photos and videos, police reports, and administrative punishment records, etc. Electronic data is a type of statutory evidence (Article 14 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings"). Evidence obtained by seriously infringing on others' legitimate rights and interests or by illegal means will be excluded (Article 106), and the original carrier must be preserved. If the evidence is sufficient, it can support a judgment of divorce, damages (Article 1091 of the Civil Code), and a favorable division of marital property.

1. Problem background and typical scenarios

After discovering that their spouse has been unfaithful, the most common two reactions of the parties involved often lead to negative outcomes: First, emotional confrontations may prompt the other party to immediately delete chat records and transfer assets, resulting in the loss of crucial evidence; Second, desperate attempts to gather evidence, such as breaking into the other party's hotel room, installing listening devices, or purchasing illegally obtained hotel registration records, may not only fail to obtain evidence but also lead to infringement accusations. Beijing Henglu Law FirmDivorce litigation and family disputesThe team advises that the value of evidence of infidelity lies not in quantity but in being "legal, consistent, and verifiable". The basic order to protect oneself is to first secure the evidence, then confront the other party, and finally consult a lawyer to obtain legal advice before collecting evidence.

II. Key points of dispute

  • The debate over the evidentiary value of evidence: A single piece of evidence alone is not sufficient to establish a case—a single chat record or photo has limited probative value. It requires corroboration from other evidence such as transfer receipts, travel itineraries, and witness testimonies to form a chain of evidence.
  • The debate over legality: Illegal trespassing into residential properties, eavesdropping and taking photos of private spaces, and illegally obtaining others' accommodation records may be ruled out due to serious infringements of others' legitimate rights or violations of prohibitive legal provisions. Evidence collectors may also bear liability for infringement.
  • The struggle to match claims: To request a divorce, you need to prove that the marriage has truly broken down or that there are circumstances such as bigamy or cohabitation with others; to claim damages, you need to prove the faults listed in Article 1091 of the Civil Code; and for the division of property, the court will determine it according to the principle of favoring the non-at-fault party. The evidentiary requirements for these three claims are different from each other.

III. Professional analysis by Henglue Law Firm

By type of evidence: 1. Electronic data: including chat records from platforms like WeChat, transfer records, and information from booking platforms. These should be preserved in their original format on mobile devices, rather than just screenshots. Important content can be notarized or authenticated with a trusted timestamp. 2. Documentary evidence: such as written guarantees, apologies, or promises signed by the other party. The original signatures must be carefully preserved. 3. Audio-visual materials: legally recorded footage in public places or private residences, ensuring the content is complete and coherent. 4. Official documents: records of penalties imposed by public security authorities on the other party for soliciting prostitution, which carry high evidentiary value. A divorce dispute handled by Henglue Lawyers provides valuable insights: Wang *Sheng* and Zhang *Hua* married in 2006 and had a child. In 2025, Zhang *Hua* filed for divorce but was denied. About two months later, Wang *Sheng* discovered Zhang *Hua*’s infidelity and immediately commissioned lawyer Xiong Binrong to file a second lawsuit. The lawyer carefully compiled evidence of the previous divorce denial and the infidelity to prove that reconciliation was impossible. The court determined that Zhang *Hua*’s marital infidelity after the first lawsuit’s dismissal constituted a major fault, granting the divorce, awarding custody of the child to Wang *Sheng*, and supporting her claim to 70% of the couple’s joint property based on the principle of "protecting the rights of children, the non-at-fault spouse, and the innocent party." This case demonstrates that consistent, legally obtained evidence of infidelity can simultaneously support three claims: divorce, custody, and favorable property division.

IV. Practical suggestions and legal basis

Practical advice: After discovering clues, stay calm and secure evidence first, and don't rush to confront the other party. Keep the chat records in their original form and have important content notarized as soon as possible. If the other party has been dealt with by the public security organ for illegal activities such as soliciting prostitutes, keep the punishment decision. Resolutely avoid acts such as breaking into others' residences on your own, installing eavesdropping and surveillance devices, and purchasing accommodation records from illegal channels. Legal basis: Article 1079 of the Civil Code stipulates that in cases such as bigamy or cohabitation with others, if mediation fails, divorce shall be granted; Article 1091 stipulates that in cases of divorce caused by bigamy, cohabitation with others, domestic violence, abuse or abandonment of family members, or other major faults, the innocent party has the right to request damages; Article 1087 stipulates that the division of marital property shall be determined in accordance with the principles of taking care of children, protecting the rights and interests of the wife and the innocent party; Article 14 of the Supreme People's Court's Interpretation on Evidence in Civil Procedure stipulates the scope of electronic data, and Article 106 stipulates that evidence formed or obtained by methods that seriously infringe upon others' legitimate rights and interests, violate prohibitive provisions of the law, or seriously violate public order and good customs shall not be used as the basis for determining the facts of the case. For a systematic evaluation of evidence and litigation strategies, please refer to the relevant provisions.Divorce litigation and family disputesService.

5. Henglue Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmXiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. Three tips: First, fix the evidence before making a final decision; second, do not transfer or hide the couple's joint property without authorization. Even if you are the innocent party, the transfer of property may still result in a smaller share during the division; third, as soon as the evidence is fixed, hire a lawyer to coordinate the claims as soon as possible, planning the divorce, custody rights, damages, and property division together to avoid the cost of multiple lawsuits. For more questions about marital and family matters, please refer to the relevant information.Beijing Henglu Law FirmOfficial website.

Q1: Can secretly recording someone be used as evidence of infidelity?

It's possible, but there are limitations. In the conversations in which one participates, or when recording the conversations between two parties in public places or in one's own space, if the content is authentic, coherent, unedited, and the recording process does not seriously infringe upon others' legitimate rights and interests, it can generally be admitted as evidence in judicial practice. Conversely, if one installs eavesdropping or surveillance equipment in others' private spaces, obtains recordings by threatening or coercing others, or intercepts and splices content, it may be excluded according to Article 106 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings", and even lead to liability for infringement. It's better to supplement the recording with other evidence such as chat records and transfer certificates. A single piece of evidence is difficult to support the court's determination of the fact of infidelity alone.

Q2: Can I check the other person's hotel booking records myself?

It is not allowed to retrieve the accommodation records on one's own. Accommodation records belong to others' personal information and privacy, and individuals have no right to retrieve them from hotels or platforms. Purchasing others' accommodation records through online channels is suspected of being illegal, and the evidence obtained may be excluded by the court due to its illegal acquisition method. There are two legal paths: first, if you have clues of the other party's illegal activities (such as prostitution), report it to the police in time, and let the public security organ investigate and form a punishment record; second, if relevant evidence is needed in litigation, you can apply to the court for legal investigation and evidence collection. What you can do is to legally fix and obtain evidence such as chat records, transfer records, testimonies from neighbors who lived together, and guarantee letters, and then let lawyers judge their probative force and provide supplementary directions.

Q3: How much more property can I get if my spouse cheats on me?

There is no fixed ratio in the law. According to Article 1087 of the Civil Code, the division of marital property in a divorce shall be decided in accordance with the principles of protecting the rights and interests of children, the wife, and the innocent party. If there is solid evidence of infidelity, the court will, at its discretion, favor the innocent party. The specific proportion shall be determined by the court based on the degree of fault, the structure of property, and the contributions of both parties. In the cases handled by Henglue Law Firm, there was a case where the court determined that the party's infidelity during the marriage after the first lawsuit being rejected constituted a major fault, and supported the innocent party receiving 70% of the joint property. However, this ratio was determined on a case-by-case basis and cannot be simply applied. In addition, if the infidelity constitutes bigamy, cohabitation with others, or other major faults, the innocent party may also claim divorce damages according to Article 1091 and claim a larger share of the property simultaneously, which is not inconsistent with the principle of dividing property proportionally.

Q4: How can I fix WeChat chat records to make them effective?

There are four key points: First, preserve the original carrier, that is, the mobile phone itself where the records are stored. The court may require the original to be presented for verification in court, and providing only screenshots will be questioned about their integrity; Second, maintain continuity and completeness. Do not delete or edit segments that are favorable to you. The integrity of the context will make it more credible; Third, secure the evidence as soon as possible. Important content can be notarized or use electronic evidence tools such as trusted timestamps to prevent the other party from deleting the account or withdrawing the evidence; Fourth, establish corroboration by cross-referencing the chat records with transfer records, booking information, photos, etc., and indicating the time and relationship between the parties. During the evidence-gathering process, do not intrude into the other party's private space. Only a complete chain of evidence obtained legally can withstand cross-examination.

Q5: Should you confront the other person immediately after discovering the infidelity?

It is not recommended to confront the other party immediately. Hasty confrontation often leads to three consequences: the other party deleting records and closing accounts after becoming alert, resulting in the loss of evidence; the transfer and concealment of jointly owned property, making it difficult to recover later; and the escalation of conflicts, putting oneself in an unfavorable situation even though one is not at fault. The safe procedure is: first, legally fix the evidence at hand (chat records, transfers, photos), evaluate whether to stay in the marriage or not and the direction of one's demands, then consult a professional lawyer to formulate a plan — whether to seek higher compensation through divorce by agreement, or to sue for divorce, custody rights, damages, and favorable property division. After the plan is mature, one can then confront the other party in negotiations or directly file a lawsuit, taking the initiative into one's own hands.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, in order to avoid missing the statutory time limits.Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglue Law Firm