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Sample of separation certificate issued by the property
What evidence of separation should be prepared for divorce proceedings?
1. The bed is not divided into rooms, and the room is not divided into rooms.
Many couples will separate beds or rooms after quarreling or feeling weak. Couples often ask professionals online if they and their partners have been separated for several years, but when they ask again, they find that what friends say about separation is that one side sleeps in the master bedroom and the other side sleeps in the study (really fascinating).
No matter whether it is separate beds or separate rooms, it is not a legal separation, especially the separation of most people is not caused by emotional disharmony. Because this kind of "separation" in divorce proceedings is difficult to obtain evidence, as long as the other party explicitly denies it, the court will generally not adopt it directly.
2. Travel and living in different places
One of the husband and wife is on a business trip or living in a different place for work reasons, which is generally not considered as separation. The civil code stipulates that the "separation" that should be divorced is based on the disharmony of marital relations and the characteristics of mutual non-performance of husband and wife obligations. If the husband and wife do not live in a different place because of emotional disharmony, they should provide evidence of marital disharmony and failure to perform their obligations during the period of living in a different place when suing for divorce.
3. What evidence of separation should be prepared for divorce proceedings?
The house lease contract at the time of separation, the certificate issued by the property, the payment of property management fees, utilities and other certificates, the separation agreement signed by both parties, written separation documents, mailing vouchers and other chat records or witness testimony that can prove the emotional separation of both parties.
4. Article 1079 of the Civil Code
If one of the spouses requests a divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court. The people's court shall mediate in the trial of divorce cases! If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Under any of the following circumstances, mediation is invalid, divorce, bigamy or cohabitation with others are granted, domestic violence or abuse or abandonment of family members are committed, because of gambling, drug abuse and other bad hobbies, they have been separated for two years due to emotional disharmony, and other circumstances lead to the breakdown of marriage relations.
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, the two parties have been separated for one year, and if one party files a divorce lawsuit again, divorce shall be granted.
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