Divorce proceedings process and list of evidence

There are two types of divorce, divorce by agreement and divorce by litigation. After all, the divorce of husband and wife is a thing that no one wants to see, but if the breakup is inevitable, it is recommended that the two parties negotiate to solve it, so that they can get together and disperse, and it is best to divorce by agreement.　

If one of the spouses requests a divorce, if it fails to negotiate with the other party, it will generally dissolve the marriage relationship through litigation divorce and cause litigation disputes, and complete and effective evidence in court will become a crucial matter.

According to the current laws and regulations, the judge makes a decision on whether to grant divorce, and the basis of the judge's judgment ultimately needs to be supported by evidence, without evidence, the court will not rule to grant divorce, especially it should be noted that there are certain differences between each region, and the litigation cycle of divorce is subject to locality.

I. Evidence proving that the original defendant meets the qualifications of the subject

1. Evidence that proves that the plaintiff and the defendant are husband and wife, such as marriage certificate, marriage relationship certificate, household registration book and identity card.

2. If it involves a de facto marriage, it shall submit various relevant evidence such as certificates issued by the neighborhood committee (or village committee).

3. Where it is proved that the defendant's whereabouts are unknown, evidence such as proof and publication materials from the public security organ or the neighborhood committee (or village committee) of the defendant's domicile (or habitual residence) shall be submitted.

4. Where one or both parties are active military personnel, a certificate issued by the political organ at or above the regimental level of the unit to which they belong shall be provided.

2. Evidence proving that the relationship between husband and wife has indeed broken down

1. If domestic violence is involved, relevant evidence such as forensic appraisal, alarm records, witnesses, etc. shall be submitted.

2. If drug abuse or gambling is involved, evidence such as certificates issued by the neighborhood committee (or village committee) or public security organ shall be submitted; Where administrative punishments or criminal offenses are involved, a relevant punishment decision or judgment shall be submitted.

3. If bigamy is involved or a spouse cohabits with others, evidence such as marriage certificates, children's birth certificates, residence certificates, photos, certificates issued by neighborhood committees (or villagers' committees), and public security organs related to the above acts should be submitted.

3. Evidence of the existence of joint property of husband and wife

1. The joint property part

(1) Real estate and other real estate: house purchase contract, property right certificate (now called real estate ownership certificate), invoice, search form, etc.

(2) Vehicle: the driving license is the best, if not, take a photo, shoot the car sound and license plate.

(3) Bank deposit: bank account number and bank name, with a copy of the front and back of the bank card is best.

(4) Stocks (copies): register of shareholders, certificate of capital contribution, stock code, fund account, etc.

(5) Fund: fund company name, account number, etc.

(6) Equity of non-listed companies: certificate of capital contribution, register of shareholders, industrial and commercial information, etc. The query content is available.

2. Joint debt

(1) It can be agreed to divide, and theoretically it can be agreed that one party will be out of the house.

(2) Evidence that the debt is a personal debt.

Evidence that proves that you are more suitable for raising your children

1. Children's household registration, birth certificate, id card.

2. Where it is proved that one party is in good economic condition, it shall submit proof of salary (or other proof of legal income) and relevant residence.

3. If minor children over the age of 10 are involved, relevant evidence of the child's willingness to follow the father or mother should be submitted.

4. Evidence that one party has stronger support ability: if the parents are alive and can assist in the maintenance, the parents can issue a written statement; the insurance purchased for the children, etc.

5. Evidence that one party is unfit to raise a child: such as suffering from a serious illness, swearing and abusing the child, etc.

5. Evidence proving extramarital affairs or bigamy

1. Intimate photos, audio and video recordings.

2. Correspondence, private text messages, emails, and chat records of communication software of both parties.

3. Written materials personally acknowledged by the spouse and third party, such as "letter of guarantee" and "letter of repentance".

4. Testimony of neighbors and friends.

5. Being caught by the police as a prostitute;

6. The unit verifies that the employee has an extramarital affair;

7. The relevant bills, telephone communication records, hotel check-in records, aviation records, payment vouchers, property certificates of the common residential community, etc. of the other party and the third party entering and leaving the hotel.

6. Evidence proving domestic violence

1. Witness testimony

When domestic violence occurs, it may be witnessed by other people, such as the security guard of the community, such as his own parents or friends at home, nannies or neighbors, and so on.

If these people have witnessed the occurrence of domestic violence, they can do some communication work with them as early as possible, or entrust a lawyer to collect evidence from witnesses in the form of investigation records.

2. Alarm record

If after the occurrence of domestic violence, there has been a police report, then the police there will be a police record, usually the police will have a set of statutory procedures for the handling of domestic violence, the police will usually be at the police station to question the perpetrator and the victim separately, and make a record.

3. Injury examination report

Proof of diagnosis and proof of treatment by the hospital.

If the victim is injured, the public security organ should issue a forensic medical appraisal letter of introduction, conduct a judicial appraisal of the injury, and the victim needs to go to the hospital for treatment in time, then the treatment will also have the hospital's diagnosis certificate and receipt for medical expenses and the case.

These documentary evidence should be well preserved, including the victim's continued treatment in the later stages, and the relevant documentary evidence should also be properly preserved.

4. Audio-visual materials

(1) If there was a call recording when there was a dispute between the victim and the abuser, then the call recording can also be used as evidence of attachment, or when the two parties talk about the divorce or compensation matters, the other party does not deny the violent behavior during the discussion.

(2) After being beaten by the other party, if relevant photos or video recordings have been taken, they can also be used as evidence of domestic violence.

7. Financial compensation or financial assistance

1. Proof of illness or inability to work or economic resources.

2. Proof of paying more for the family.

3. In the process of living together, the two parties took care of all the housework such as taking children, buying vegetables, cooking rice, and doing hygiene.

According to Article 1088 of the Civil Code, if one of the spouses bears more obligations due to raising children, caring for the elderly, assisting the other party in his work, etc., he has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; if the agreement fails, the people's court shall make a judgment.

8. Require the other party to give compensation for moral damages

1. Evidence of bigamy or cohabitation with others;

2. Evidence of domestic violence/abuse, abandonment of family members, etc.

9. Lawful evidence collection of infidelity within marriage

According to the principle of "who claims who proves" in civil litigation, the no-fault party claims that the other party is at fault, and needs to bear the corresponding burden of proof, and due to the privacy of the life of the two sexes, it may also infringe on the privacy of others, and in practice, the collection of evidence in this regard has always been a difficult point.

1. Catching adultery may be suspected of infringing on the privacy of others, and there is a risk of not being accepted.

Some parties, out of family ugliness or other reasons, know that when the other party commits adultery with others, they go to arrest them alone. Such a result, once involved in litigation, everything seen by the parties is only legally equivalent to the parties' statements, and as long as the other party denies it, it cannot be determined.

It is advisable to ask the other party to commit in writing that it is best to cheat.

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

In real life, there is very little direct evidence to obtain "catching adultery in bed", and it is often necessary to collect as much indirect evidence as possible, such as: QQ or WeChat chat records, telephone records, text message content, electronic or paper letters, photos of two people in public, group photos of traveling together, rental contracts, property and utility vouchers, house opening records, bills, audio-visual materials, witness testimony, mutual gifts, village (neighborhood) committees, police station certificates, etc., these indirect evidences are generally not established alone. However, if combined to form a chain of evidence, the facts can be found to be true.

3. Timely preservation and fixation of evidence that is easy to disappear or change

Some evidence may be fleeting, such as scenes that cannot be reproduced such as adultery scenes, which can be fixed by requesting public authority intervention to make a record, such as electronic version, mobile phone text messages and other evidence that is easy to be deleted and modified, once obtained, it is best to preserve it in a timely manner through notarization, so that even if the other party deletes or changes it later, it is not affected.

4. Monitoring and surveillance should be cautious

In order to obtain evidence of infidelity to their spouses, some parties purchase, install surveillance and monitoring equipment through improper channels, and China's laws have strict legal provisions on the use of these equipment, and a little carelessness may violate relevant laws, and eventually not only because the evidence obtained by the evidence collected illegally is not accepted, but also may bear corresponding civil liability for infringing on the civil rights of third parties, and may even bear administrative and criminal liability.

5. Appropriate use of public power

On the one hand, a party may trigger tort liability, on the other hand, it may also lead to the inadmissibility of the evidence obtained, or the probative power is low. 110 police records, ask the police to intervene.

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

According to the law, the composition of the crime of bigamy requires that the two parties live together in the name of husband and wife and the people around them also consider them to be husband and wife, and the crime of bigamy stipulated in China's criminal law is a private prosecution case, that is, it is necessary to accuse one party to complete the evidence by itself, and the public power generally does not take the initiative to intervene, and it is extremely difficult to adduce evidence.

In real life, bigamy evidence collection will generally be: declaring the household registration in the name of the husband and wife, purchasing and renting housing, holding weddings, etc. China's marriage registration and household registration is not networked, often there will be a situation where the registered marriage is still unmarried on the household registration, so it may be that one of the registered parties, and then register marriage with others in a different place, if two marriage certificates are retrieved at the same time, this is conclusive direct evidence, but in reality this situation is rare; in addition, it is necessary to retrieve evidence from other aspects of the cohabiting parties.