Common evidence of separation includes: housing lease contract, written separation agreement, courier service certificate, correspondence, e-mails and other evidence that can prove emotional discord, as well as personal witnesses. However, it should be reminded that the probative power of external evidence is very limited, and even if there is such evidence, the court may not necessarily admit it. Therefore, for those who are trying to divorce through "separation due to emotional discord for two years", it is better to give up and sue for divorce directly if they have not already separated.
The following are common pieces of evidence that can be used as evidence of separation between husband and wife: first, there is evidence that the lease contract of the house where one party lives outside can be used as evidence of separation;Secondly, the written separation agreement signed by the spouses must be in writing, while the oral agreement needs to be acknowledged by the other party;Thirdly, it is advisable to use a courier service for a written separation document issued by one party to the other party, and indicate "separation" in the remarks column, while keeping the mailing certificate. The period is counted from the date of mailing and is considered the time of separation of the husband and wife;In addition, the correspondence and e-mails exchanged between the husband and wife can prove the emotional discord;Finally, personal witnesses can also be used as evidence, but it may be difficult for individual witness testimony to be accepted by the court, so it needs to be used in conjunction with other evidence. It is important to note here that since separation is a private matter between husband and wife, the probative power of external evidence is very limited. Therefore, even if such evidence is available, the court may not necessarily admit it. Therefore, for those who are trying to divorce through "separation due to emotional discord for two years", if they have not separated, it is better to give up and sue for divorce directly, and the court will not allow the divorce to be filed again after six months, at which point the court will usually grant a divorce. It's much faster than waiting two years, and the success rate is higher. First of all, we must know that even if the husband and wife are separated, they do not have to divorce through separation in the end, if both parties agree to divorce by agreement, and when the conditions for divorce by litigation are met, they do not have to separate and divorce, and the marriage relationship can be dissolved in the end. As for separation and divorce, in addition to the time requirement, it is also required that the husband and wife are separated because of emotional discord, and the parties do not fulfill their marital obligations to each other during the period of separation.
How to prove divorce and separation for two years?
According to Article 1091 of China's Civil Code, divorce and separation for two years can be used as proof of divorce. In addition, Article 1093 of the Civil Code also clearly stipulates the method of proof of divorce, including proof of separation for two years. Therefore, two years of divorce and separation can be proved through legal means.
Common evidence of separation includes a lease contract, a written separation agreement, a courier service certificate, correspondence, emails, etc. However, it should be noted that the probative power of external evidence is limited and may not be accepted by the court. Therefore, if you want a divorce, it is best to separate first and then meet the conditions for a litigated divorce. After two years of separation, a divorce can be obtained through legal means.
According to Article 63 of the Civil Procedure Law, 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.
Author: Fa Que Consulting.
*: Organize and publish online materials, **Please contact the author. (*Statement: The content of the article is from the Internet, the copyright belongs to the original owner, if there is infringement, please leave a message in the comment area to delete.) ）