How to sue for divorce by mobile phone?

The identification of SMS as divorce evidence has certain legal effect and can be used to prosecute divorce cases. You need to apply for a deposit certificate through a lawyer or a court, or submit the relevant evidence you hold.

In modern society, text messages and social software can be used as evidence of divorce. If you want to use SMS as evidence of divorce, you need to pay attention to the following points: First, keep the relevant evidence. You can take screenshots or copy and save SMS, chat records and other related materials as divorce evidence. Second, get the consent of the other party. In order to avoid the invalidation of evidence due to privacy issues, it is best to obtain the consent of the other party in advance or obtain evidence through other legal channels. Third, apply for a deposit certificate. If the other party refuses to provide relevant evidence, it may entrust a lawyer to apply for a deposit certificate through the court. Fourth, submit evidence. After collecting all the relevant evidence, you need to submit a divorce application through a lawyer or in person, and submit detailed evidence materials.

Can SMS be legally recognized in divorce? According to relevant laws and regulations, mobile phone text messages during divorce can be recognized as evidence, but they need to meet the evidence standards stipulated by law. For example, prove the identity, time and content of the sender. If you apply for a certificate of deposit, you need to go through the court review and go through the corresponding procedures.

The use of SMS as evidence of divorce is legally recognized. However, attention should be paid to protecting the authenticity and legality of the collected evidence, so as to avoid unnecessary troubles in the course of litigation. In addition, disputes should be resolved through legal channels to avoid causing too much harm to the parties and families.

Legal basis:

Article 31 of the Civil Code of People's Republic of China (PRC) * * * If both men and women divorce voluntarily, divorce shall be granted. Both parties must apply for divorce at the marriage registry. When the marriage registration office finds out that both parties really want and have properly handled the children and property issues, it will issue a divorce certificate.