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What are the evidences of relationship breakdown?
1. Evidence proving the breakdown of the couple’s relationship: (1) Evidence proving bigamy or the spouse living with others. 1. "Letter of Guarantee", "Letter of Apology", etc., written evidence of repentance written by one party in desperation after the extramarital affair was exposed. 2. Prostitution. Prostitution was investigated and dealt with, police records. 3. Materials on how the unit handles the employee’s life style after verifying the employee’s extramarital affair. 4. Letters, text messages, emails, blogs, diaries, QQ chat records, etc. exchanged between the two parties. In addition to written evidence, it is best to have text messages, emails, blogs, QQ chat records, etc. notarized first before submitting them to It is advisable to go to court; if conditions do not allow it, you should try to fix it and save it yourself. Mobile phone text messages can be photographed with a digital camera attached to the mobile phone, and computer and network data can be intercepted and saved in full screen. 5. Evidence of a rape in bed. This type of evidence is difficult to collect. It can be obtained by taking photos or video recordings, but care must be taken not to infringe on privacy. 6. Legal documents issued by the people's court that determine one party's bigamy. 7. Audio recordings of couples negotiating extramarital affairs. 8. Videos or photos of one spouse and a third party going in and out of a public place, hugging each other, entering and exiting a room, etc. 9. Witness testimonies from property management personnel, neighbors, neighbors, relatives and friends, etc. (2) Evidence proving domestic violence or abuse, or abandonment of family members. 1. A letter of repentance from the perpetrator of violence. 2. Evidence of complaints and mediation to the Women’s Federation, subdistrict offices, and neighborhood committees. 3. Alarm records or interrogation records after suffering domestic violence, and injury examination reports issued by the public security organs. 4. Hospital disability and injury assessment. 5. Testimony of eyewitnesses such as family members and neighbors. (3) Evidence proving that bad habits such as gambling and drug abuse persist despite repeated admonitions 1. Witness testimony from relatives, friends, and neighbors. 2. Educational materials on gambling, drug abuse and other behaviors from your unit, neighborhood committee, and village committee. 3. Punishment decision made by the public security organ or reeducation through labor decision issued by the Reeducation through Labor Committee. 4. Guilty verdict from the judicial authority. (4) Evidence of separation for more than two years due to emotional discord: 1. Rental agreement for renting another house after separation, or proof from the landlord and proof from other cohabitants. 2. Certificate from the local neighborhood committee. 3. Certificate from the property management office of the community where you are located. 4. Witness testimonies from relatives, friends, and neighbors. 5. Evidence of correspondence, employment and other evidence between the two parties. 6. Temporary residence permit issued by one party during the separation period while working in other places. 7. In addition, if one party claims that he has stayed overnight during the separation and the statute of limitations for separation has been interrupted, he shall bear the burden of proof for this fact. (5) Evidence that one party is declared missing and the other party files for divorce 1. Proof from the public security organ that one party is missing. 2. The People’s Court’s judgment on the disappearance of one party. (6) Evidence of other circumstances that lead to the breakdown of the relationship between husband and wife: 1. A diagnosis certificate issued by a hospital at or above the county level for a disease that prohibits marriage by law. 2. Hospital certificate proving that the person is suffering from mental illness and cannot be cured. 3. Private prosecution of parties involved in a hasty marriage, testimony from relevant insiders, and statements about the lack of feelings after marriage. 4. A judgment in which one party is sentenced for a crime. One of the conditions for divorce is "if the couple has been separated for more than two years due to emotional discord, mediation will be ineffective." This refers to the grounds for divorce due to separation. This statutory ground for divorce consists of two necessary elements, neither of which can be missing. , Therefore, separation for two years does not automatically lead to divorce. The two necessary requirements are: 1. Due to emotional discord; 2. Separation for more than two years. There are two types of separation between husband and wife: The first type is caused by objective reasons. For example, the husband and wife work in two cities respectively and there are no conditions for cohabitation. In this case, the separation of husband and wife is not due to emotional discord, that is, the couple is separated. The separation period of more than two years does not meet the legal grounds for divorce of "separation due to emotional discord". The second type is caused by subjective reasons. For example, if the foundation of the marriage is not strong, the relationship between husband and wife has not been cultivated after marriage, and the couple has been separated for more than two years, it meets the legal grounds for divorce of "separation due to emotional discord." The period of separation shall be calculated consecutively. Because it is difficult to prove separation, it generally requires the consent of both parties. 2. How to collect evidence of the other party’s cheating. You can collect the following cheating evidence: 1. Written materials made by the spouse having an extramarital affair or the opposite sex outside the marriage. 2. Various photos showing the intimate relationship between the spouse having an extramarital affair and the opposite sex outside the marriage. 3. Audio-visual materials such as audio and video recordings that can prove extramarital affairs. 4. Mobile phone text messages, extramarital affair text messages between spouse and a third party. 5. Communication software chat records and emails.
"Guarantee", "Apology", etc. When an extramarital affair is exposed, written evidence of repentance written by one party in desperation. When prostitution is investigated, police records, letters, text messages, emails, blogs and other documents exchanged between the two parties can be used. Used as evidence. What are the evidences of relationship breakdown? 2. In divorce cases, how to collect evidence of relationship breakdown between husband and wife has always been a difficulty, especially when one party is at fault such as extramarital affairs or a third party. We will collect evidence for relationship breakdown between husband and wife. It is summarized into the following categories and provides you with methods to collect evidence. 1. Mobile phone text messages. In divorce cases, text messages have been used by more and more parties to collect evidence of the other party’s fault. When collecting this type of evidence. Take the following methods: First, if the recipient of the message does not delete the text message, directly store the message and seal it on the mobile phone. Then, it is best to go to a notary office for written notarization. Notarized evidence is generally more effective. will be accepted by the judge. Second, when the text messages related to the case are deleted, the text message content can be retrieved through the mobile phone text message operator. When collecting, the corresponding mobile phone text message sending time and time can be used through the operator's stored information. The mobile phone numbers and contents of both parties should be printed out and signed and stamped by the staff present to confirm the source for use in the trial. 2. When collecting emails, you must first understand the characteristics of emails. Emails are different from other forms of electronic evidence. Its characteristic is that each e-mail user must have an e-mail, and each e-mail has a unique username, account name, and password, and the header of the e-mail contains the sender, URL, and sending and receiving time. . However, if this information is obtained by others, others can use your mailbox to send, receive or delete emails. Of course, it is not easy for ordinary people to modify files directly in the inbox. The file is a read-only file and cannot be modified. Even if it is saved, only its location will be changed, and its attributes cannot be changed. 3. For MSN and QQ, we can collect the chat content from the computer records of both parties and save it as a file. If it has been deleted or modified, you can collect it through copying or printing through the network service provider. If the network service provider does not save it, you can hire specialized technicians to review the tampered chat records. It is easy to say but tedious to do, so if you encounter this kind of situation, it is best to notarize it before proceeding with other aspects of the work. 4. In the divorce case, one party. The parties often collect evidence through audio and video recordings. So, can this evidence be used as evidence in court? This is a question that people are more concerned about. If the case requires it, we can take some legal methods, such as giving it to the other party in our own home. Recording, as well as obtaining information about the parties in some public places, etc., as long as it is not illegal, the recorded materials with coherent content can be used as evidence. 5. Faxes At present, in judicial practice, faxes are used as evidence. Effectiveness is taken with a grain of salt. It must be interconnected with other evidence and mutually corroborated. A single fax cannot be used as a basis for determining the facts of the case. For example, some people argue that the number and time above the fax machine can be set by the fax machine and can be modified as needed. Moreover, even if the time and number can be confirmed through the records of the telecommunications department, it can only solve the problem of the existence of the fax, but not the authenticity of the content of the fax. Therefore, it is crucial for the parties involved to pay attention to preserving and collecting relevant information while using faxes, and to present other evidence to improve the effectiveness of faxes. Of course, there should be two copies of the fax, one original in the hands of the sender and one in the hands of the recipient. If both parties submit their own documents to the court, the court will be able to determine its authenticity. The trial of a divorce case mainly focuses on the production and cross-examination of evidence around the focus of the dispute. Therefore, in a divorce case, both the plaintiff and the defendant must provide evidence that is favorable to them regarding the focus of the dispute. Therefore, in the process of collecting evidence, it is most important for you to Let your lawyer help you with advice and analyze what evidence needs to be collected and how to collect it based on the specific situation, so that you can have a greater chance of winning in divorce proceedings. What are the evidences for the breakdown of relationship? 3 What are the specific evidences to prove the breakdown of relationship between husband and wife? 1. Proof of bigamy or spouse living with others. The stronger proofs include: 1. Letter of guarantee, apology, letter of repentance, etc., extramarital affair is exposed, Documentary evidence of repentance written by a party in desperation.
2. When a prostitution incident is discovered, the police usually intervene and there are police records. 3. After the unit verifies an employee’s extramarital affair, it will sometimes deal with the employee’s lifestyle issues and will provide some handling materials. 4. Letters, text messages, e-mails, computer diaries, chat records, etc. between the two parties. 5. It is very difficult to collect evidence of catching an adulterer in bed. It can be obtained by taking photos, but care must be taken not to infringe on privacy. 6. The People’s Court’s legal document identifying one party’s bigamy. 7. Witness testimony. 8. Audio recordings of the husband and wife’s negotiations on marital affairs, videos and photos of one party to the marriage and a third party acting like a couple at the same place, hugging hands, or entering the room, etc. 2. The evidence to prove that you have suffered domestic violence includes: 1. After suffering domestic violence, a letter of repentance from one party, in which he admits that he has committed domestic violence. 2. Evidence of complaints to the Women’s Federation and other organizations, and evidence of mediation by the sub-district office or neighborhood committee. 3. Alarm records or interrogation records after suffering domestic violence, and injury examination introduction letters issued by the public security organs. 4. After suffering domestic violence, you should go to the hospital for treatment in time. In serious cases, you should have the injury and disability identified, and keep the diagnosis certificate, injury examination report and disability identification certificate. 5. If there are eyewitnesses such as family members or neighbors, you can persuade the witnesses to appear in court to testify or bring witness statements. It is best to cooperate with the witnesses to go to the notary office for evidence notarization. 6. The innocent party left audio-visual materials at the time of the incident, such as photos, videos, etc. 3. Evidence proving abuse or abandonment of family members includes: 1. Alarm records or interrogation records after being abused or abandoned. 2. Mediation records of mediation conducted by the Women’s Federation or Neighborhood Committee. 3. Diagnosis certificate, injury examination report and disability appraisal certificate issued by the hospital for illness or disability caused by abuse or abandonment. 4. Testimonies from neighbors and other relevant persons regarding the fact that one or both parties have abused the other's relatives. 4. Those who persist in gambling, drug abuse and other disgusting behaviors: 1. Witnesses’ testimonies or certificates such as relatives, friends, neighbors etc. 2. Proof of education from your unit, village committee or neighborhood committee on gambling or drug abuse, such as witnesses or testimonies. 3. The public security organ makes a decision on punishment or the Reeducation through Labor Committee makes a decision on reeducation through labor. 4. A guilty verdict issued by a judicial authority. 5. Separation for two years due to emotional discord: 1. Rental agreement for renting a separate house after separation. 2. Certificate from the local neighborhood committee. 3. Certificate from the property management office of the community where you live. 4. The landlord or neighbor who knows and understands the fact of separation testifies in person or has a testimony issued by him or her. 5. Evidence of correspondence, recordings, etc. between the two parties. It should be noted that the recorded conversation must involve the fact that the two parties are separated due to emotional discord. As long as the other party also admits the fact of separation due to emotional discord, it can be used as evidence, but it must be combined with other evidence. Form a chain of evidence. 6. If there are other cohabitants during the separation period, proof of cohabitation. 7. Temporary residence permit issued by one party while working abroad during the separation period, etc. In addition, if one party claims that the two have stayed overnight during the separation period and the statute of limitations for separation has been interrupted, he should bear the burden of proof for this fact. 6. If one party is declared missing and the other party files for divorce: 1. The agency’s certification of one party’s disappearance. 2. The People’s Court’s judgment on the disappearance of one party. 7. Other situations that lead to the breakdown of the relationship between husband and wife: 1. A diagnosis certificate issued by a medical unit above the county level for suffering from a disease that prohibits marriage by law. 2. Self-reports of mentally ill patients, testimonies of relevant insiders, and statements of still having no feelings after marriage. 3. A judgment in which one party was sentenced for a crime or a long-term prison sentence, etc.
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