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What is the evidence of divorce and emotional breakdown?

The relationship between husband and wife is a legal term. Generally speaking, it means that the relationship between husband and wife is irreversible. However, there are certain standards for the breakup of husband and wife's feelings, and an ordinary husband and wife can't be regarded as emotional breakup. Usually in divorce proceedings, it is necessary to prove that the relationship between husband and wife is broken before divorce can be allowed. So what is the evidence of divorce and emotional breakdown? Let's learn together. 1. What is the evidence for suing for divorce? (1) Evidence to prove bigamy or cohabitation of a spouse with others. 1, "letter of guarantee", "letter of apology", etc. Written evidence of repentance written by one party when the extramarital affair was exposed. 2. Prostitution was investigated and the police recorded it. 3, the unit verified the extramarital affairs of employees, to deal with their life style issues for material review. 4. Letters, short messages, emails, blogs, diaries, QQ chat records, etc. Besides written evidence, it is best to exchange notarized short messages, emails, blogs, QQ chat records, etc. Then submit it to the court. 5. It is difficult to collect the evidence of sexual behavior in bed, but it can be obtained by taking photos and videos, but be careful not to invade privacy. 6, the people's court finds that one party bigamy legal documents. 7. Documentary materials about extramarital affairs of husband and wife. 8. Videos or photos of couples and third parties going out in pairs, holding hands and hugging, and entering and leaving the room in public places. 9, property management personnel, neighbors, neighbors, relatives and friends and other witness testimony. (two) evidence to prove the implementation of domestic violence or abuse or abandonment of family members. 1, repentance of the perpetrators. 2. Evidence of complaints and mediation to women's federations, neighborhood offices and neighborhood committees. 3, after suffering from domestic violence alarm records or inquiry records, and the injury report issued by the public security organs. 4, the hospital disability, injury identification. 5. Testimonies of witnesses such as family members and neighbors. (3) Evidence of gambling, drug abuse and other bad habits, 1, witness testimony of relatives, friends and neighbors. 2, the unit, neighborhood committees and village committees on gambling, drug abuse and other educational materials. 3. The punishment decision made by the public security organ or the reeducation through labor decision made by the reeducation through labor committee. 4. The guilty verdict of the judiciary. (4) Proof of separation for two years due to emotional disharmony: 1, agreement to rent another house after separation, or proof of landlord and other cohabitants. 2, the proof of the local neighborhood committee. 3. Proof of residential property management office. 4. Witness testimony of relatives, friends and neighbors. 5. Evidence of correspondence and employment between the two parties. 6. Temporary residence permit for one party to work in other places during the separation period. 7. In addition, if one party claims that the limitation of separation is interrupted because it stays overnight during the separation period, it shall bear the burden of proof for this fact. (5) Evidence that one party has been declared missing, the other party has filed divorce proceedings 1, and the public security organ has proved that one party is missing. 2. The people's court's judgment on the disappearance of one party. (6) Proof of other circumstances leading to the breakdown of marriage relationship (1), and medical certificate issued by hospitals at or above the county level that marriage is prohibited by law. 2, suffering from mental illness and incurable hospital certificate. 3. The parties who got married hastily prosecuted themselves, the insider's testimony and the statement that they still have no feelings after marriage. 4. The judgment that one party was sentenced for a crime. I. Criteria for marital breakdown Article 1079 6868 of the Civil Code (202 1 1 comes into effect) If one of the spouses requests a divorce, the relevant organization 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. Divorce shall be granted if mediation fails under any of the following circumstances: (1) 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. According to the Supreme People's Court's "Several Specific Opinions on How the People's Court Confirms that the relationship between husband and wife has broken down", the following situations can also be considered as that the relationship has broken down: 1, one party suffers from a marital disease prohibited by law, or one party has physical defects, or cannot have sex for other reasons and is difficult to cure; 2, lack of understanding before marriage, hasty marriage, no relationship between husband and wife after marriage, it is difficult to live together; 3. Concealing the mental illness before marriage, which cannot be cured after long-term treatment, or getting married knowing that the other party suffers from mental illness before marriage, or one of the spouses suffers from mental illness during their life, which cannot be cured after long-term treatment; 4. One party cheats the other party, or cheats to obtain a marriage certificate in marriage registration; 5. After the marriage registration, both parties have not lived together and there is no possibility of reconciliation; 6, arranged, buying and selling marriage, after marriage, one party immediately filed for divorce, or although * * * lived together for many years, but did not establish the feelings of husband and wife; 7. Because one party likes to relax, hates work, has bad hobbies such as gambling, fails to perform family obligations, and refuses to change after repeated education, making it difficult for both husband and wife to live together; 8. One party is sentenced to long-term imprisonment according to law, or his illegal and criminal behavior seriously hurts the feelings of husband and wife; 9. One party's whereabouts were unknown for two years, and the other party sued for divorce. After the announcement, it was found that there was no whereabouts. Husband and wife divorce, if one party resolutely disagrees with the divorce, the party who insists on divorce can only choose the way of litigation divorce. However, in the process of divorce proceedings, if you can't provide evidence to prove that the relationship between husband and wife has really broken down, the court will not decide on divorce. So before you sue, you should collect evidence to prove the breakup of husband and wife.