Job Recruitment Website - Property management company - What evidence do you need to sue for divorce after two years' separation?

What evidence do you need to sue for divorce after two years' separation?

1 A written agreement on the separation of husband and wife signed by both parties. 2. Residence certificate of neighborhood committee (or property), water and electricity invoices, etc. 3 a house lease contract in which one party lives outside. Letters and emails exchanged between the two sides 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, it is best to let witnesses testify in court if possible.

1. What evidence do you need to sue for divorce after two years of separation?

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

2, neighborhood (or property) proof of residence, water, electricity and gas invoices, etc. ;

3. A house lease contract in which one party lives abroad;

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.

After one party has submitted the above separation certificate to the court, the defendant generally no longer denies the fact of separation. Even if he denies it, the law will recognize the fact of separation if the defendant can't provide proof of separation to the contrary. Therefore, from this perspective, it will be easier for the plaintiff to provide the separation certificate to achieve the purpose of divorce.

Second, under what circumstances is separation?

1, separation should have-emotional discord, separation, failure to fulfill the obligations between husband and wife.

At present, the separation recognized by the court refers to the separation of husband and wife due to emotional discord and failure to perform their obligations (including sexual life, etc.). Although we don't live together, it's not because of emotional discord, but because of other reasons. Because of the reasons of the workplace or other objective reasons, it is not a legal separation. For example, one works in Beijing and the other in Shanghai, and now one of them has filed for divorce, claiming that they have been separated for two years. Due to workplace factors, it is difficult for the court to determine that it constitutes separation in the Civil Code.

2. Is it legal for husband and wife to live in different places all the year round?

Many people don't understand whether couples are legally separated if they live in different places all the year round. Of course, it is not necessarily a legal separation. The sign of legal separation is that husband and wife do not live together in sexual life and do not fulfill their obligations because of emotional disharmony.

3. Does cohabitation fail to fulfill the separation obligation in the legal sense?

If you live in the same suite and don't sleep in the same bed, but your feelings are not harmonious and you don't fulfill the mutual obligations between husband and wife, is it a legal separation? In this case, it is difficult for the judge to identify cohabitation at the hearing. For example, once one party denies sleeping in separate beds and the other party can't prove the fact of sleeping in separate beds or not having sex, it is not considered as separation.

In the case of separation, couples can actually divorce by agreement, and of course they still need to meet the conditions for divorce by agreement. However, in order to divorce by litigation, do you have to meet the conditions prescribed by law? Conditions. In addition to the act of separation, the time of simultaneous separation needs to last at least two years.