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How to collect evidence that the other party is at fault before divorce?
Before the husband and wife have formally decided to divorce, one of them should pay more attention to collecting the fault behavior of the other, such as infidelity in marriage, such as domestic violence, such as abuse and abandonment. After collecting these evidences, you can protect your rights and interests to the maximum extent, so that you can share more property with each other and less property. How to collect evidence that the other party is at fault before divorce? First, the collection of evidence of domestic violence can't stand the family's long-term domestic violence and wants to file a divorce lawsuit with the court. Before filing for divorce, we should consciously collect relevant evidence of domestic violence. ; Photos of scars left after the violence, records of alarm calls or police visits, or testimony of neighborhood committees, documents of injury inspection, witness testimony, etc. The second is the collection of evidence of extramarital affairs, such as ambiguous text messages between one party and a third party, and text messages from a third party. When collecting such evidence, the following methods can be adopted: First, directly store the information and seal the mobile phone when the message recipient has not been deleted. Then, it is best to go to the notary office for written notarization. Notarized evidence is more effective and generally accepted by judges. Second, when deleting the SMS related to the case, you can retrieve the SMS content through the SMS operator. At the time of collection, the sending time, mobile phone number and content of the corresponding mobile phone message can be printed out through the information stored by the operator, and the source can be confirmed by the signature and seal of the staff present for trial use. Third: the collection and preservation of evidence in capital accounts. After one party sues, the other party often moves at the wind and transfers family property. Therefore, before the prosecution, don't startle, first collect and sort out the relevant evidence of husband and wife's property. For example, the collection of company shareholders' capital contribution or warrants, the collection of relevant financial statements, the bank where the passbook is opened, the account number, the shareholder account number of the other stock market, the copy of the real estate license, the protection of precious gold and silver jewelry, invoices or videos of family property, etc. If necessary, you can even take litigation preservation measures. Fourth: the preservation of bank account numbers. Before suing for divorce, it is generally necessary to find out the user name and account number of the other party in the bank; The parties may apply to the court to inquire about the details of the deposit funds in the bank account, and the court will generally agree to the application of the parties. Courts generally don't charge for checking bank accounts, but at present, we also find that some courts in Shanghai have begun to charge related inquiry fees, but the fees are not high, only a few tens of yuan. If the parties do not know the bank or account number of the deposit, the court will generally not agree to the inquiry application of the parties. Therefore, it is very necessary to know the basic situation of family property before litigation. Fifth: the preservation of equity evidence. For stocks, if the parties can't collect relevant accounting information, they don't have to worry too much. Lawyers can issue an investigation order through the court to inquire about the details of the stock held by the other party. Individuals generally have no right to inquire about stock-related account information.
Legal objectivity:
The evidence in Article 63 of the Civil Procedure Law includes: (1) the statement of the parties; (2) Documentary evidence; (3) Physical evidence; (4) Audio-visual materials; (5) Electronic data; (6) Testimony of witnesses; (7) Appraisal opinions; (8) Records of the inquest. Evidence must be verified before it can be used as a basis for ascertaining facts. Article 64 The parties have the responsibility to provide evidence of their own claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
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