The strongest evidence of separation

The most powerful evidence of separation, if you want to divorce through litigation, you may need to provide some more effective evidence. Husband and wife living in different places is not necessarily a "separation" in the legal sense. Let's learn to separate the most powerful evidence from relevant materials.

The most powerful evidence of separation is 1. Separation requires the housing lease contract of one of the spouses, the written agreement on the separation of the spouses signed by both parties, the chat record, the residence certificate of the neighborhood Committee (or property) and the residence permit in different places. It is also confirmed that the two parties have been separated for two years due to emotional discord, which is a legal divorce. If the parties sue for divorce and mediation fails, the court will grant the divorce.

legal ground

Article 1079 of the Civil Code of People's Republic of China (PRC)

If one of the spouses requests a divorce, the relevant organizations 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.

The strongest evidence of separation II. What evidence do you need for divorce and separation for two years?

1. First of all, when two people are separated, they must be separated because of the breakdown of their marriage. Some couples have lived in different places for more than two years, not because of the breakdown of their marriage, but because of their jobs. In this case, there is no way to file a divorce lawsuit, because your separation is not due to the breakdown of your marriage.

2. In the second case, it takes two consecutive years from the day after the actual separation of husband and wife to filing a case with the court. It must be more than two years before divorce proceedings can be filed. And you can't live together halfway and then separate, so if you live together, you can recalculate it from the second day of cohabitation and you can't accumulate it.

3. The third point is the separation of husband and wife, which actually means not fulfilling each other's sexual obligations. It is also considered in it, so the most important thing is that husband and wife do not perform sexual obligations for each other.

4. separated. Evidence can be selected from chat records, rental certificates, friend testimonies, etc.

Second, what is the most powerful evidence of separation?

1, the first is the outside rental contract. For example, if the husband and wife are no longer in the same city and the other person chooses to go to another city for development, then your rental contract in another city is very favorable evidence for you.

2. There are also telephone recordings of calling each other and various chat software. Chat records or emails, mobile phone text messages, these can be used as evidence to prove the separation of the two parties.

3. There is also witness testimony. Although everyone thinks it should be strong evidence, in fact, because the witness's testimony is not objective, he may be lying, or he may not know it himself, and he can't guarantee whether you two live together.

Separate the most powerful evidence 3 1. Common evidence to prove the separation of husband and wife

1. A written agreement on the separation of husband and wife signed by both parties;

2. The written separation documents sent by one party to the other party shall be sent by express mail, marked with the word "separation" in the remarks column, and the mailing certificate shall be kept. From the date of mailing to the time when the divorce is filed, it belongs to the separation time of husband and wife;

3. A rental contract signed by one party unilaterally.

4. The correspondence between the two parties can prove the fact that the two parties are not in harmony and separated;

5. The proof of the neighborhood committee in the area where one party is located is better than the general witness testimony.

Second, the husband and wife living in different places is not necessarily a "separation" in the legal sense.

Some couples are separated because of employment, study and other reasons, but they do not necessarily conform to the provisions of the Civil Code. According to the Civil Code, emotional breakdown must be cohabitation caused by marital disharmony. For example, studying abroad or moving to work, even if living in two cities or two countries, still does not belong to the situation of "the relationship between husband and wife has indeed broken down" in the civil code. On the basis of this fact of separation, you can also provide evidence of marital disharmony, which will strengthen the proof and make it more likely to decide divorce.

Third, the bed is not divided into rooms, and it is difficult for the court to identify it as separation.

Most couples can't live apart because of their financial situation or children after their emotional disharmony. At first, they may live in different beds, but in the same room or house. Couples have no sex all year round. However, if one party files a divorce lawsuit on the grounds of separation, and the other party does not recognize the fact of separation, the court will generally not accept it.

Lawyer Xu has encountered many such cases. An old couple lived in separate rooms for nearly ten years, and even ate in separate kitchens. However, because only one party stated that there was no evidence and the other party denied it, the court could not determine the fact of separation.

Four, separated for two years, the marriage relationship will not automatically dissolve.

People often ask whether marriage is dissolved automatically after two years' separation. No divorce formalities? Obviously, many friends are wrong about this. There is no legal provision for automatic dissolution of marriage in China, and divorce must go through corresponding procedures. Even if you have been separated for two years, it is only a way to judge the relationship between husband and wife. As long as the legal divorce procedures are not handled, the marriage relationship between the two parties will continue to exist. If either party marries a third party at this time, it constitutes bigamy.

In some countries, such as France and Britain, there are two ways of separation: separation by agreement and separation by court. During the period of separation, the two sides agreed on the disposal of children's property. For example, Argentine law does not allow divorce, so the husband and wife can only live apart for a long time.