What should be prepared in Ningbo's list of divorce materials?

Many people bring only one marriage certificate when they sue for divorce, and they are speechless when asked about the specific facts in court. The more evidence, the better. The key is to prove that the relationship has indeed broken down and support your claims on children and property. How the list is listed and in what form the materials are submitted directly determine the direction of the lawsuit.

1. evidence revolves around two cores

the evidence of divorce proceedings mainly serves two things: one is to prove that the relationship has indeed broken down, which is the premise of the divorce; the other is to support your specific claims on child support and property division. The list of evidence should be organized according to two lines. Any material that is not linked to these two lines will only increase the thickness of the file.

The judgment is based on the statutory circumstances.

The court will not divorce just because it doesn't want to pass a sentence. It needs evidence of legal circumstances such as bigamy or cohabitation with others, domestic violence, gambling and drug abuse, and separation for two years due to emotional discord. In the absence of such support, the proportion of people sentenced to divorce in the first prosecution is significantly higher.

2. evidence of a broken relationship

different situations correspond to different combinations of evidence: domestic violence corresponds to alarm receipt, police record, injury identification and warning letter; The separation corresponds to the rental contract, water and electricity payment, the neighborhood committee certificate, and the chat record of both parties confirming the separation time; Cohabitation with others corresponds to the photos of living together, housing rental information, and written statements of the parties.

Evidence to form a chain

A single piece of evidence is easy to be rejected by the other party without knowing it. It is best to confirm each other in more than three copies. Take domestic violence as an example, the injury identification shows the consequences, the alarm receipt shows the time and place, and the medical treatment record shows the treatment process. The three are strung together to prove that the strength is stable.

Evidence related to 3. child support

the party claiming custody should prepare income certificates, stable residence materials, and traces of the child's long-term life with him, such as pick-up records, medical escort records, school parent group communication records, and signatories on the vaccination book. If the other party has a situation that is not conducive to maintenance, it shall also provide evidence.

The level of maintenance depends on income evidence.

Maintenance is usually based on 20 to 30 per cent of the total monthly income of the party, and may be appropriately increased but generally not more than 50 per cent for more than two children. If the other party is requested to pay, the salary flow, tax record and social security payment base are all effective grips; if the other party's income is not fixed, it can be claimed by reference to the average income of the local industry.

How to list 4. property evidence

list property clues such as real estate, vehicles, deposits, equity, insurance, provident fund, etc., and try to attach the title certificate number, bank and account number, company name and unified social credit code. The more specific the clue, the easier it is for the court to issue an investigation order. Just write one sentence that he has a house in his name, which is usually not checked.

Legal boundaries of 5. forensics

self-evidence can not break the legal bottom line. The installation of recording equipment in one's living room to record the dialogue in which the other party admits to cheating can generally be accepted. If you sneak into another person's house to install a camera and illegally invade the other person's mobile phone to export information, it is an infringement of the legitimate rights and interests of others, and the materials obtained will be excluded.

If you can't find it, give it to the court for investigation.

Bank flow, real estate registration, company equity, insurance policies, these can not be found by oneself, the correct way is to apply for a court investigation order or ex officio, rather than looking for someone to inquire privately. Entrusting informal channels to obtain information may not only cost money, but also invalidate the entire chain of evidence.

Form requirements for 6. evidence

the submission of evidence depends not only on the content but also on the form. Documentary evidence in principle to submit the original, there is a real difficulty can submit a copy and explain the source; Electronic data to retain the original carrier, can be displayed in court; Witness testimony in principle requires witnesses to testify in court, only written testimony of the probative force is usually weak.

Electronic data to retain the original carrier

chat records and transfer vouchers cannot only take screenshots. Mobile phones and accounts should be able to call up the original records for verification at any time, and notarize evidence preservation when necessary. When the authenticity of the screenshot is questioned, it is very passive without the carrier.

7. case proof

in practice, the plaintiff submitted two alarm receipts, one injury appraisal and several threatening chat records to form a chain. The court found that the relationship had indeed broken down and decided to grant divorce and support compensation for mental damage to 30000 yuan.

In practice, the plaintiff only verbally claimed emotional discord without any evidence, and was sentenced not to divorce for the first time; six months later, the rental contract and payment voucher that had been separated for two years were sued again, which was supported by the court.

In practice, one party only generally claimed that the other party had deposits in its name but could not provide account clues, and the court did not investigate. The other party provided the bank of deposit and the last 4 digits of the account number. After obtaining the running water, it was found that a large amount of money was transferred out of 580000 yuan during the marriage, and the party was less divided during the division.

8. Risk Alert

• with only a marriage certificate in court, the key facts are dictated.
• The evidence piled up, but none of it pointed to a statutory breach.
• Claim custody but can not come up with income and stable residence materials.
• Property clues are so vague that they cannot be investigated and controlled, which is tantamount to not mentioning them.
• Using illegal means to obtain evidence, the material is excluded as a whole.
• Electronic evidence only screenshots, the original carrier has been deleted.

9. FAQ

what evidence must be prepared to sue for divorce?

The core is evidence that the relationship has indeed broken down, plus the material supporting the claim of custody and property division, and the two lines are grouped separately.

Can you get away without evidence of domestic violence?

Yes, but there are other legal rupture situations, such as two years of separation; If there is no evidence at all, the first prosecution is often sentenced not to divorce.

Can the recording be used as evidence?

Recording in one's own residence and not infringing upon the legitimate rights and interests of others can usually be accepted. Those obtained by invading houses, cracking mobile phones, etc. will be excluded.

What is the general standard of alimony?

It is usually 20 to 30 per cent of one party's total monthly income, and the burden of two or more children can be increased appropriately, generally not more than 50 per cent.

Practical Experience of 10. Lawyers

what and how to bring a divorce lawsuit directly determines whether the lawsuit is good or not. In the end, evidence serves only two things: proving that the relationship is indeed broken and supporting your claims on children and property. Therefore, the list is made from these two lines. Any materials that do not match these two lines will only increase the thickness of the file. Many people go to court with only one marriage certificate and become dumb when asked about the specific facts. The problem lies in the fact that the evidence is not organized around the "facts to be proved", and no matter how many materials are prepared, they cannot grasp the key points.

Around the line of departure, different situations correspond to different combinations of evidence: domestic violence alarm receipt, police record, injury identification and warning letter; The separation of rental contracts, water and electricity payments, neighborhood committee certificates, communication records of both parties confirming the separation time; Photos, rental information and statements of the parties who advocate cohabitation with others. Around the line of children and property, it is necessary to prepare proof of income and residence, traces of long-term care for children, and certificates of property clues such as real estate, deposits, equity, vehicles, etc. Single evidence is easy to be rejected by a "don't know" sentence, try to let more than three materials confirm each other.

There are also some stresses in form: the original and clear photocopies of documentary evidence are preferred, the original carrier of electronic data should be kept as far as possible instead of just screenshots, and the time for key contents should be fixed when necessary. Evidence collection should keep the legal boundary-materials obtained through private intrusion, account theft, etc. may not be accepted because of illegal acquisition methods, but leave a handle on the other party. Before the hearing, the list was passed item by item according to "facts to be proved-evidence-purpose of proof". Only when it was not necessary can this set of materials stand cross-examination.