發現另一半出軌后，如何進行證據搜集呢？

1、捉奸盡可能邀伴同行

有些當事人出于家丑不外揚或者其他原因，知道對方在與他人通奸時，自己一個人去逮。這樣的結果，一旦涉訟，當事人所看到一切，在法律上僅是相當于當事人陳述，只要對方否認，則不能認定。

當知道對方準備或者正在與他人通奸時，盡可能邀請二到三個愿意出庭作證的人一起前往捉奸，并盡可能用照相、錄音、攝像等方式作好影像記錄。

2、盡可能多地收集間接證據，形成完整證據鏈

在現實生活中，能夠取得“捉奸在床”的直接證據少之又少，往往需要收集盡可能多的間接證據。

如：qq或微信聊天記錄、電話記錄、短信內容、電子或紙質書信、兩人在公共場合較為親密的照片、一起旅游的合影、租房合同、物業和水電費憑據、開房記錄、票據、視聽資料、證人證言、互贈禮物、村(居)委會、派出所的證明等等，這些間接證據單獨一樣一般無法成立，但如果綜合起來形成證據鎖鏈，則可認定事實成立。

3、對易消失、更改的證據及時保全、固定

有些證據可能是稍縱即逝的，比如通奸現場等無法再現的場景，可以通過請求公權介入做筆錄的方式固定，比如電子版、手機短信類容易被刪改的證據，一旦取得最好及時通過公證的方式保全，這樣，即使對方以后刪除或者更改，也不受影響。

4、監聽監視須謹慎

一些當事人為了取得另一半方不忠的證據，通過不正當途徑采購、安裝監聽和監視設備，而我國法律對這些設備的使用有嚴格的法律規定，稍有不慎則可能會違反相關法律。

最終不僅因為取證違法所取得的證據不被采信，還可能因為侵害第三方的民事權利而承擔相應的民事責任，甚至可能讓自己承擔行政以及刑事責任。

5、適當借助公權

當事人擅自闖入他人住宅取證，一方面可能引發侵權責任，另一方面也可能會導致所取得的證據不被采信，或者證明力低下等。有時候，適當借助公權介入不失為一種好辦法。 　

跟蹤另一半與第三者，看到他們在賓館開房進了房間，怎么辦？建議打110報警，說明自己看到另一半跟陌生人正在賓館開房，懷疑是在賣淫嫖娼，但因為自己一個弱女子，如果硬闖進去怕人身安全受威脅同時也擔心引發其他法律責任，需要求助警察介入。

6、證明“以夫妻名義”同居的思路

根據法律規定，重婚罪的構成要求雙方是以夫妻名義同居且周圍的人也認為其為夫妻，而我國刑法規定的重婚罪又是自訴案件，即需要控訴一方當事人自己去完成舉證，公權力一般不主動介入，舉證的難度極大。

現實生活中，重婚取證一般會有：以夫妻名義申報戶口、購買及租賃住房、舉行婚禮等。我國婚姻登記與戶籍登記并未聯網，往往會出現登記結婚了戶口上仍為未婚的情形，這樣就可能出現登記后的一方，又異地與他人登記結婚，如果同時調取到兩份結婚證，這就是確鑿的直接證據，但現實中這種情況并不多見。

除此之外，就需要調取同居雙方其他方面的證據，比如：對外以“老公老婆”介紹身份，以夫妻名義旅游聚會；鄰居和親友證言；如果與第三者生育子女，雙方以配偶身份簽字或者小孩出生醫學證明記載雙方為父母親等。

7、法庭調查中巧妙發問，確認相關事實

根據法律，如果一方當事人承認的事實，可以免除另一方的舉證責任。如果經過前述努力，仍無法取得足夠證據，也不要悲觀泄氣。

有時利用法庭調查中互相發問環節，通過巧妙的問話設計，讓對方在回答問題中承認相關事實或者將本不完整的證據鏈補充完整起來，也可能會取得意想不到的效果。

當然，這種效果的取得，需要發問者有豐富的經驗和高超的技巧，而且還帶有很大的偶然性。

~

How do you gather evidence when you find your partner cheating?

1, catch adultery as far as possible invite a companion

Some parties, for reasons of keeping their dirty linen in the closet or other reasons, know that the other party is committing adultery with others, and they go to catch themselves. Such a result, once involved in the litigation, what the parties saw is only equivalent to the statement of the parties in law, and as long as the other party denies it, it cannot be identified.

When knowing that the other party is preparing or is committing adultery with others, as far as possible to invite two to three people willing to testify in court to catch the adultery, and as far as possible with photography, recording, videography and other ways to make video records.

2. Collect circumstantial evidence as much as possible to form a complete evidence chain

In real life, there is very little direct evidence that can be obtained to "catch adultery in bed", and it is often necessary to collect as much circumstantial evidence as possible.

Such as: Qq or WeChat chat records, phone records, text messages, electronic or paper letters, two people more intimate photos, travel together in public utilities, rent contract, property and the photo of the credential, margie, records, paper, audio-visual material, the testimony of witnesses, gifts, village (house) commission, police station proof and so on, These circumstantial evidence alone cannot be established generally, but if they are combined together to form a chain of evidence, the fact can be established.

3, the evidence that is easy to disappear and change should be preserved and fixed in time

Some evidence may be fleeting, such as adultery site not reproduce the scene, can do it by request the public power intervention in the record of fixed, such as electronic evidence, mobile phone text messages are easy to be deleted, once has the best preservation by means of notarization in time, in this way, even if the other party after delete or change, also not be affected.

Listening and monitoring should be careful

In order to obtain evidence of infidelity, some parties improperly purchase and install wiretapping and surveillance equipment. However, Chinese law has strict rules on the use of such equipment, and any indiscretion may violate relevant laws.

In the end, not only is the evidence obtained by illegal evidence collection inadmissible, but also may bear the corresponding civil liability for infringing the civil rights of the third party, and may even make oneself bear the administrative and criminal liability.

Appropriate recourse to public authority

On the one hand, the parties may cause tort liability, on the other hand, the obtained evidence may not be accepted, or the proof force is low. Sometimes it is a good idea to intervene with the proper help of public authority.

What if you follow your partner and a third person and see them in a hotel room? Suggest to call 110 to report to the police, explain oneself to see the other half and the stranger is in the hotel to open a room, suspect is in prostitution whongs, but because oneself a weak woman, if hard break in to fear personal safety is threatened at the same time also worry about causing other legal responsibility, need to ask for help police intervention.

Prove the idea of cohabitation "in the name of husband and wife"

According to the law, the constitution of the crime of bigamy requires both parties to cohabitate in the name of husband and wife and the people around them also consider them as husband and wife. However, according to the criminal law of China, the crime of bigamy is a case of private prosecution, that is, the litigant needs to complete the proof by himself, and the public power generally does not take the initiative to interfere, so the proof is extremely difficult.

In real life, bigamy evidence will generally have: in the name of the husband and wife to declare the registered permanent residence, buy and rent housing, wedding, etc. Marriage registration and household registration in China are not connected to the Internet, and often there will be the situation that the registered marriage is still unmarried on the household registration, so there may be one party after the registration, and the registration of marriage with others in other places. If two marriage certificates are obtained at the same time, this is conclusive direct evidence, but in reality, this situation is not rare.

In addition, it is necessary to take evidence of other aspects of cohabitation, such as: to introduce the identity of "husband and wife", travel parties in the name of husband and wife; Testimonies of neighbors and relatives; If a child is born with a third party, both parties shall sign as spouses or the medical certificate of the child's birth records both parties as parents, etc.

7. Ask questions in court investigation and confirm relevant facts

According to the law, if one party admits the fact, the other party can be relieved of the burden of proof. Don't get discouraged if you don't have enough evidence.

Sometimes by using the questioning link between each other in the court investigation, through clever questioning design, let the other party admit the relevant facts in the answer to the question or complete the incomplete evidence chain, may also achieve unexpected results.

This effect, of course, requires a lot of experience and skill on the part of the questioner, and also involves a lot of chance.