Whether fraud can be identified in judicial practice needs evidence support. If you submit chat records and screenshots with intimate names and transfer records to express your love, such as WeChat 52 1, 13 14 red envelopes, etc. Combined with other evidence, it can be considered that the woman has an extramarital affair with the opposite sex, which is not proper relationship. However, if the record is relatively normal, the communication with friends or customers, or as you said, your wife explicitly refused, then such evidence is not probative and the court will not consider it cheating.
Lawyer An Jia suggested that the evidence still depends on the degree and force of proof, and whether it can be determined depends on the specific content. If the evidence can prove cheating, it is very likely that the property will be divided less in divorce proceedings. If the evidence can reach the level of legal fault, you can even ask for divorce damages.
legal ground
People's Republic of China (PRC) Civil Code
Article 1087 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law. Therefore, if the evidence can reach the initial level of proof, the innocent party can claim more points in the division of property.
If the degree of derailment is serious, long-term cohabitation can even claim compensation for mental damage.
Article 109 1 In case of divorce, the innocent party has the right to claim damages under any of the following circumstances:
(1) Bigamy;
(2) Living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members;
(five) there are other major faults.
Bigamy here means that one spouse has gone through the marriage registration formalities with the opposite sex outside marriage in the name of husband and wife or has lived abroad for a long time.