The strongest evidence of separation

1. What are the strong evidences of separation?

1. The strong evidences of separation are as follows:

(1) Both parties signed a separation agreement and in fact Separated by agreement;

(2) The other party’s agreement to rent a house abroad;

(3) Evidence from the community property company that rents the house or evidence from the local neighborhood committee and public security agency;

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(4) Witness testimony, but these can only be used as auxiliary evidence because the witness testimony is not very objective;

(5) Recorded conversations with the other party, emails, and mobile phone text messages can prove Evidence of separation between the parties.

2. Legal basis: Article 1079 of the "People's Republic of China and Civil Code"

If one spouse requests a divorce, the relevant organization may conduct mediation or File divorce proceedings directly with the People's Court.

When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.

If mediation fails under any of the following circumstances, divorce shall be granted:

(1) Bigamy or cohabitation with others;

(2) Domestic violence committed Or abuse or abandon family members;

(3) Have bad habits such as gambling and drug abuse and refuse to change despite repeated admonitions;

(4) Separated for more than two years due to emotional discord;

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

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

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

2. What materials are needed for divorce litigation?

When filing a divorce lawsuit in the People's Court, you should prepare the following materials:

1. Request to dissolve the marriage relationship with the defendant The civil complaint;

2. The original and three copies of the "Marriage Certificate";

3. The original and copy of the original and defendant's identity cards;

4. The original and copy of the child’s birth certificate;

5. Evidence proving that the relationship between the couple has indeed broken down;

6. Other evidence.