Can Secretly Taken Videos or Photographs Be Used as Evidence in Divorce?


What Are the Rules for Evidence in Divorce Cases?

The general rule for submitting evidence in divorce cases is that the evidence must be obtained legally. Therefore, video recordings and photos obtained unlawfully cannot be presented as evidence in court.

If a person has a public social media account and shares intimate photos or videos with their partner or posts offensive comments about their spouse, such content can be presented in court. Sharing from a public social media account does not violate the right to privacy.

However, even a spouse cannot violate the other’s privacy. For example, if a person secretly takes a photo or video of their spouse in a private area, this is considered a violation of privacy. Evidence obtained by violating privacy cannot be accepted in court and will not be used as a basis for judgment.

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