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How to prove the separation of husband and wife
The separation of husband and wife is a sign of unstable marriage. When the relationship between husband and wife breaks down and problems such as domestic violence, bigamy and derailment occur, separation or even divorce becomes a solution that can be considered. In this process, the evidence of husband and wife separation is one of the important basis for lawyers and courts to decide cases. Evidence of the separation of husband and wife includes but is not limited to the following: 1. SMS, telephone and chat records: It can be saved by mobile phone software or communication tools to record the communication and dialogue between husband and wife, which plays a key role in proving the separation of husband and wife. 2. Video and recording: When the relationship between husband and wife becomes tense, there may be disputes. At this time, take a camera or tape recorder and record it as evidence. 3. Certificate of filing a case at the police station: When the relationship between husband and wife is seriously damaged and there may be violence or threats during separation, you can report the case to the police station and obtain a certificate of filing a case. When collecting the evidence required by the referee, it is necessary to abide by the law and not infringe upon the rights and interests of others. At the same time, we should also be careful when preserving and retaining evidence, so as to avoid evidence being lost or tampered with.
In addition to the above, what are the evidences of the separation of husband and wife? Evidence of the separation of husband and wife also includes but is not limited to: things left behind when leaving home and moving, bill records such as electricity and water charges, changes in social relations, etc.
The separation of husband and wife is a manifestation of unstable marriage relationship, and it is particularly important to collect evidence of separation after the breakup of husband and wife's feelings, so it is necessary to collect sufficient evidence to support their claims. At the same time, in the process of collecting evidence, it is necessary to abide by legal provisions and procedures to safeguard the rights and interests of individuals and others.
Legal basis:
Article 1079th of the Civil Code of People's Republic of China (PRC) stipulates that if one of the spouses requests a divorce, the relevant organization may go to Qin for mediation 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 shall 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 has 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.
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