Adultery Evidence Collection: Why Did My Divorce Case Fail Even With a Police Report?

Before the decriminalization of adultery, losing a case despite clear evidence such as a police report of catching a spouse in the act might have been due to hiring an inexperienced investigator rather than a seasoned professional. Perhaps you didn’t carefully vet your investigator, didn’t find a diligent private investigator, or underestimated the budget required for comprehensive surveillance and evidence collection.

Some detective agencies, aiming to minimize costs, skip essential preliminary investigative work after taking on adultery cases. They might rely solely on GPS trackers or vehicle location history to identify patterns and possible meeting points without deploying field investigators to monitor the suspect’s movements and activities. After guessing potential rendezvous points, they might hastily notify the client to confront the suspects, often without gathering solid, court-admissible evidence of adultery.

This haphazard approach often results in chaotic confrontations, sometimes leading to police involvement and initial reports. Clients mistakenly assume that such an incident equates to sufficient proof for court, settling with the agency and moving forward with legal proceedings. Months or years later, they face case dismissal due to insufficient evidence.

Under older definitions of adultery, courts required proof of “sexual intercourse” involving genital contact to qualify as adultery. Defendants often exploited this strict requirement to escape conviction, while evidence collectors risked legal consequences such as trespassing, invasion of privacy, or unlawful surveillance—crimes carrying heavier penalties than adultery itself.

What Can You Do Now That Police No Longer Handle Adultery Cases?

Although adultery is now decriminalized and falls under civil law as a marital tort, solid evidence is still critical. Reliable evidence of adultery includes items like used condoms or tissues with bodily fluids, but proving an ongoing, intimate relationship is even more important. This includes documenting repeated dates, overnight stays, cohabitation, or public displays of affection such as kissing, hugging, or holding hands. Photo or video evidence with timestamps can serve as powerful evidence for claiming “alienation of affection” or “marital misconduct” in civil court.

For instance, there was a case where a detective agency assisted a client in catching their spouse at a motel. Investigators found fresh condoms and tissues in the room, leading the spouse to admit to adultery. However, the spouse argued it was a one-time incident and claimed her partner was unaware she was married. Without additional evidence of a longstanding relationship, the paramour successfully avoided liability.

How to Ensure Successful Evidence Collection

Post-decriminalization, while police no longer accept adultery reports, legally gathering physical evidence like used condoms or tissues can strengthen your case in family court. Professional private investigators can also collect indirect evidence of a sustained intimate relationship, which is crucial for divorce settlements and claims of alienation of affection.

Choose a reputable agency like Lütsheng International Investigations, known for meticulous planning and execution. Contact us today for a consultation on our “Guaranteed Court Success” program for divorce litigation support!