How to prove the fact of separation

Legal analysis: 1. House rental contract where one party lives outside the home. 2. A written marital separation agreement signed by both parties. 3. Text messages, phone recordings, chat records, etc. between the two parties can prove the fact that the two parties are not emotionally harmonious and separated. 4. Witnesses are also acceptable, such as friends or relatives known to both parties.

Legal basis: Article 1079 of the "People's Republic of China and Civil Code" If one spouse requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit 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.