How to open the divorce and separation certificate?

Evidence of separation when suing for divorce is as follows:

1, a house lease contract in which one party lives outside;

2. A written separation agreement signed by both parties;

3. A resignation agreement issued by one party;

4. Letters, emails and WeChat chat records between the two parties can prove the fact that the feelings of the two parties are not harmonious and separated;

5, neighborhood certificate or residence property certificate, water, electricity and gas invoices;

6. Testimony of witnesses, friends, relatives or neighbors known by both parties.

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.). ).

The process of suing for divorce

1. Bring a lawsuit to the people's court.

Generally, they will go to the filing hall, where they will be audited, and those who meet the conditions for filing will be filed. Under normal circumstances, if the husband and wife don't live together, according to the principle of "the plaintiff is the defendant", the woman will file a lawsuit in the man's place. When filing an application for divorce proceedings, the following documents shall be provided:

(1) indictment for divorce (in triplicate);

(2) household registration book;

(3) ID card (temporary id card, household registration certificate, military officer's card, non-commissioned officer's card, military and civilian cadre's card, etc.). );

2. After being examined by the filing hall to meet the filing conditions, the filing court will issue a notice of filing, and the parties will pay the legal fees with the notice of filing. The court formally accepted the case.

3. After being accepted by the court filing court, the case will be transferred to the civil court for trial.

4. After accepting the case, the civil court issues a subpoena to the other party, requiring it to appear in court at a certain time. At the same time, the court also informed the plaintiff to appear in court to participate in the proceedings.

5. After both parties appear in court, the court will mediate (this is a necessary procedure). Mediation has three main results:

(1) If both parties are willing to maintain the marriage after mediation, the plaintiff will withdraw the lawsuit and the marriage will continue to be valid.

(2) After mediation, the defendant agreed to the plaintiff's request for divorce, and handled the children and property issues well. The plaintiff withdrew the lawsuit and both parties went to the marriage registration office for divorce registration.

(3) After mediation, the plaintiff still insisted on divorce, but the defendant disagreed, or both parties agreed, but the handling of children and property issues was controversial. Then the court will hear and decide.

6. The court made a judgment on whether to grant the divorce through trial.

When suing for divorce, try to collect specific evidence of the other party's fault, such as evidence of marital infidelity or domestic violence, so that the court can directly judge the divorce. At present, there is a cooling-off period system for divorce in China, but it is only applicable to divorce by agreement. If both parties have no objection to the division of property and custody, they can choose to divorce by agreement.

The materials required for divorce prosecution are as follows:

1, necessary materials:

(1) The original ID card of the plaintiff shall be returned to the plaintiff after inspection;

(2) The proof of husband-wife relationship can generally provide a marriage certificate and a certificate of marital status issued by the marriage registration authority;

(3) Proof that the husband and wife * * * have joint property can generally submit a property list, but it can also be submitted at the court session;

(4) If you have children, you should also submit your child's birth certificate and household registration book;

(5) If it is the second time to sue for divorce, the plaintiff may need to provide relevant materials of previous divorce proceedings.

2. Other materials:

(1) Proof of basic marital status. Such as free love, introduction, remarriage, remarriage and other supporting materials;

(2) proof of changes in marital feelings and reasons for divorce. If divorce is caused by the intervention of a third party, provide the specific facts, witness testimony, audio-visual materials and other supporting materials of the intervention of the third party;

(3) If there are physical defects or mental diseases, provide medical certificates and expert certificates; If you have bad hobbies such as gambling and drug abuse, or are sentenced to long-term imprisonment, provide materials such as the decision of the public security organ and the court judgment;

(4) proof of the status quo of the relationship between husband and wife. In case of resignation, provide resignation time, reasons, resignation agreement and other materials. , provide court judgments, rulings and other materials, such as fierce conflicts between the families of both parties, and provide police records of public security organs;

(5) Proof of economic status of both parties. Proof of income, deposits, creditor's rights and debts of both parties, such as unit certificate, salary card, tax payment certificate, depositor, account number, amount, number of creditor's rights and debts, name and address of debtor, etc.;

(6) If the other party needs financial help, provide proof of illness or inability to work and proof of economic source;

(7) If economic compensation is needed, provide the property agreement, the testimony of one party to raise children and take care of the elderly and recorded materials;

(8) If the other party is required to pay compensation for mental damage, provide evidence of the other party's bigamy, cohabitation with others, domestic violence, abuse and abandonment of family members.