What to pay attention to when collecting divorce evidence, and what are the precautions for collecti

Hello! According to Article 63 of the Civil Procedure Law of the People's Republic of China, there are the following types of evidence in civil proceedings: documentary evidence; Evidence; audiovisual materials; witness testimony; statements of the parties; Appraisal conclusions; Inquest transcript.

In terms of evidence collection and its application, the following points should be noted:

1. Pay attention to the time limit for presenting evidence.

If the plaintiff fails to present evidence within the time limit, of course the judge will not take the initiative to inform you of the loss of the right to present evidence, but an experienced opposing lawyer will point it out in time, so that the parties will fall into an embarrassing situation and even lose the opportunity to divide property, which is very distressing.

2. Pay attention to the right to apply to the court for investigation and collection of evidence.

In divorce cases, a large amount of property evidence must be collected by the court. For example, bank deposits, ** fund statements, etc., generally need to be inquired by the court, or the court will issue an investigation order and then entrust a lawyer to collect. In addition, appraisal reports, such as ** appraisal, paternity test, etc., need to be entrusted by the court, otherwise, the unilateral evidence will not be recognized by the other party.

Therefore, it is important to flexibly use the right to apply to the court to obtain evidence.

Legal analysis: When collecting divorce evidence, attention should be paid to the time limit for presenting evidence.

If the plaintiff misses the time limit to present evidence, the judge will not inform the collecting party of the loss of the right to present evidence. The parties must use the application court to investigate and collect evidence, otherwise the other party may disagree with the evidence.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates a divorce lawsuit, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making reasonable demands to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:When Hu Yin is divorced, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Legal Analysis:1Fixed volatile evidence shall be preserved as soon as possible;

2.collection of textual evidence;

3.collection of audiovisual evidence;

4.Pay attention to the time limit for proof.

Legal basis: Article 65 of the Civil Procedure Law of the People's Republic of China: Parties shall promptly provide evidence for their own claims. On the basis of the parties' claims and the circumstances of the case, the people's court shall determine that the parties shall provide evidence of the sale of goods and the time limit.

Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application. Where parties provide evidence for guessing within the time limit, the people's court shall order them to explain the reasons; Where the reason for refusing to cover up and tease is not explained, or the reasons are not sustained, the people's court may, on the basis of different circumstances, reject the evidence, or give the evidence but give a reprimand or a fine.

The precautions for collecting evidence for divorce are:

1. Fixed and volatile evidence shall be preserved as soon as possible;

2. Collect textual evidence;

3. Collect audio-visual evidence;

4. Pay attention to the time limit for presenting evidence.

Legal basis] According to Article 65 of the Civil Procedure Law, the parties shall provide evidence in a timely manner for their own claims. On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof.

It should be clear to the questioner that as long as it can prove the facts of the matter, it can be used as evidence. Questioners may refer to the following provisions to collect evidence. According to Article 63 of the Civil Procedure Law, the evidence includes:

1) Statements of the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

(1) Techniques for collecting evidence of divorce in the event of a breakdown of feelings as provided for by law.

1.Look at the time of separation - emotional discord and separation for two years.

2.See if there is any concealment of mental illness before marriage - concealment of mental illness and incurable after marriage, or marriage with the other party knowing that the other party is mentally ill before marriage, or one party suffering from mental illness during the life of the husband and wife for a long time.

3.See if there is a criminal act - one party has been sentenced to a long prison sentence in accordance with the law, or he has violated the law, and the criminal act seriously hurts the feelings of the husband and wife;

4.See if there is a disease that prohibits sexual marriage - one party suffers from a disease that is legally prohibited from marriage, or one party has a physical defect, or is unable to have sex for other reasons, and it is difficult to **;

2) Techniques for collecting divorce evidence that can prove that the other party is at fault.

1.Proof of bigamy or cohabitation with another person - submit photos related to the above acts or certificates issued by neighborhood committees, village committees, public security organs and other evidence of divorce;

2.Proof of domestic violence, abuse, abandonment of family members – submission of forensic medical examination, presentation of witnesses;

3.Proof of repeated bad habits such as gambling and drug abuse - a certificate issued by the neighborhood committee or public security organ, and if it involves administrative punishment or criminal offenses, the relevant punishment decision or judgment shall be submitted.

The evidence that needs to be collected for the divorce of husband and wife includes: 1. If domestic violence is involved, a forensic medical evaluation should be submitted and witnesses should be submitted; 2. If drug abuse or gambling is involved, a certificate issued by the neighborhood committee, village committee or public security organ shall be submitted; where administrative punishment or criminal offenses are involved, the relevant punishment decision or judgment shall be submitted; Wait a minute.