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How to prove the broken relationship between husband and wife

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How to prove the broken relationship between husband and wife


        

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  • 2024-06-06 05:00:55

    To prove the breakdown of the husband wife relationship, the parties concerned shall provide the following evidence:

    1. If domestic violence is involved, forensic expertise, alarm records, witnesses and other relevant evidence shall be submitted.

    2. If drug abuse and gambling are involved, evidence such as certificates issued by neighborhood committees (or village committees) and public security organs shall be submitted; If administrative punishment or criminal offence is involved, relevant punishment decisions or judgments shall be submitted.

    3. If bigamy is involved or a spouse cohabits with others, the marriage certificate, child birth certificate, residence certificate, photo, certificate issued by neighborhood committee (or village committee), public security organ and other evidence related to the above behavior shall be submitted.

    4. The following evidence shall be submitted in case of separation for two years due to emotional discord:

    (1) The lease contract of the house where one party lives outside;

    (2) The written agreement on the separation of husband and wife signed by both parties must be in writing, and the oral agreement must be acknowledged by the other party;

    (3) Letters and emails from both parties can prove the fact that the two parties are separated from each other;

    (4) Personal testimony can also be used, such as friends or relatives who both parties know. However, because witnesses often have interests with the party who testifies for them, and separation is a "private matter" of husband and wife, it is difficult for the court to accept the testimony of a single witness, and other evidence should be supplemented.

    [Legal Basis]

    In Article 1079 of the Civil Code, if one of the husband and wife requests divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

    When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.

    Divorce shall be granted if mediation fails in any of the following circumstances:

    (1) Bigamy or cohabitation with others;

    (2) Domestic violence or maltreatment or desertion of family members;

    (3) Gambling, drug abuse and other bad habits persist in teaching;

    (4) Two years of separation due to emotional discord;

    (5) Other situations that lead to the breakdown of the relationship between husband and wife.

    Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.

    Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

    x***

    2024-06-06 05:00:55

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