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How to provide evidence of separation
The evidence of the separation of husband and wife includes: the evidence that husband and wife do not live together and do not perform their obligations; Evidence of both parties renting houses outside, etc. The forms of evidence include: statements of the parties; Written evidence; Physical evidence; Audio-visual materials; Electronic data; Witness testimony; Appraisal opinions; Interrogation record. 1, a house lease contract in which one party lives outside;
2. A written agreement on the separation of husband and wife signed by both parties;
3, neighborhood (or property) proof of residence, water, electricity and gas invoices, etc. ;
4. Letters and emails exchanged between the two parties can prove the fact that the two sides are not in harmony and separated;
5. Witness testimony, such as friends, relatives or neighbors known by both parties. If possible, it is best to let the witness testify in court. Specifically, you can provide testimony from neighbors, neighborhood committees, women's federations and other personnel, audio and video recordings of separation and other evidence. According to the law, the evidence includes: 1. Statements of the parties; Second, documentary evidence; Third, physical evidence; Fourth, audio-visual materials; 5. Electronic data. During the period of separation, the separated parties should pay attention to collecting evidence, such as witness testimony, lease contract for finding another residence, letters received at the new address, as well as the other party's mobile phone text messages and QQ messages, which can all be evidence to prove the separation.
Legal basis:
Article 1079 of the Civil Code of People's Republic of China (PRC) * * * If one of the husband and wife requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
Derivative problem:
What problems should be paid attention to when separating before divorce?
Need to pay attention to the following questions:
1. The reason for the separation is that the husband and wife are not in harmony, not because of work or study, and the husband and wife can't share the same room because of housing problems.
2. Separate beds are not separate. The understanding of separation generally refers to living in separate beds, eating separately and living in separate rooms. However, the separation of beds in sexual life is generally not a separation.
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