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If there is no evidence for divorce in litigation, can it

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Source: Legal Chart Compilation · 2024.02.20 · 2352 people have seen it
Guide: It is OK to divorce without evidence, but the possibility of losing the lawsuit is very great. If there is no evidence and you want to sue for divorce, it is suggested that you should negotiate with the other party to divorce voluntarily. If you can't negotiate, you can sue for divorce again, but you need to find evidence at this time.
 If there is no evidence for divorce in litigation, can it

1、 If divorce by lawsuit no evidence Is that all right?

Sue for divorce You may not provide evidence, but you will bear the responsibility of losing the lawsuit. towards The court sued for divorce Shall be submitted marriage certificate ID indictment , two originals and copies, and one 1-inch photo. Indictment It should include the basic status of the plaintiff and defendant litigation Requests, facts and reasons. The evidence provided includes ID card, marriage certificate, child birth certificate Couple's feelings are broken Evidence, evidence of the other party's fault, evidence of property, etc.

2、 What are the evidences that must be brought with divorce prosecution

Go to the court to sue for divorce Filing a case The party concerned shall submit two copies of the indictment, the marriage certificate and the ID card of both parties, and bring the original marriage certificate and the ID card to the court for verification.

If the marriage certificate cannot be submitted due to loss or damage, registration shall be made marry The civil affairs department of.

When the court notifies both parties to appear in court, the parties shall carry their marriage certificates, identity cards and other necessary evidentiary materials.

Civil Code 》Article 1079 [Litigation divorce] The husband and wife request divorce The case may be mediated by the relevant organization or brought directly to the people's court Divorce proceedings

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 other people cohabitation ;

(2) Implementation Family Violence Or maltreat or abandon family members;

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

(4) Because of emotional discord separation Two years;

(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.

1. Payment involved Child support If both parties fail to reach an agreement, the income certificate issued by the financial department of the unit shall be submitted;

2. Divorce cases involving mental patients must have forensic expertise or hospital diagnosis certificates;

3. If it involves the disposal of the house lease right or ownership, a copy of the lease contract or ownership certificate shall be submitted, and the original copy shall be carried for verification;

4. If the distribution of shared property is involved, a list of property shall be submitted, detailing the property status;

5. For joint deposits or joint claims debt In case of any dispute over the distribution, such evidence as passbooks and IOUs shall be submitted;

6. Involved in split stocks, bonds, investment fund shares and other securities, unlisted limited company Shares and company with limited liability Relevant evidence shall be submitted to prove that both parties common property ;

7. Other disputes involved Division of property Relevant evidence shall also be submitted.

In the process of divorce litigation, it doesn't matter if no evidence is provided. It just says that if there is no evidence to support it, the court will not necessarily support the claim, so the possibility of losing the lawsuit is very high.


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