How to divorce when the relationship between husband and wife breaks down?

If you want to maintain a complete family, the husband and wife must have a good relationship. However, in real life, there will be many factors that affect the relationship between husband and wife. If the relationship between husband and wife is indeed broken, they must not entangle with each other or do anything extreme. After all, they have loved each other, so don't hurt each other. The best way is to divorce peacefully. So how should a couple divorce?

How to divorce when the relationship between husband and wife breaks down?

In divorce cases, the breakdown of the relationship between husband and wife is one of the important bases for the court to decide on divorce. To prove the breakdown of the relationship between husband and wife, sufficient evidence is needed. So what is the evidence to prove the breakdown of the relationship between husband and wife? Documentary evidence, physical evidence, audio-visual materials, witness testimony, statements from the parties, appraisal conclusions and other evidence can all prove the breakdown of the relationship between husband and wife. The following is a detailed introduction by the editor of Legal Express in this article.

1. What are the evidences to prove the breakdown of the relationship between husband and wife?

In divorce cases, evidence of the breakdown of the relationship between the couple is more difficult to collect than other evidence, especially when one party is at fault, such as involving an extramarital affair or a third party. The evidence includes: if either spouse has cohabited with another person, abandoned the spouse, has bad habits such as gambling and drug abuse and refuses to change despite repeated admonitions, and if the couple has been separated for two years, all of these circumstances are grounds for statutory divorce. Whether the above situation exists or not is determined by the court based on the evidence presented by both parties.

In divorce cases, evidence of emotional faults such as bigamy, cohabitation, and extramarital affairs is the most difficult to collect. Generally, the parties involved in this situation are relatively secretive and will not easily expose themselves, and many victims have no choice but to give up on collecting evidence. So, what kind of evidence is needed to confirm this part of the situation in practice? In terms of traditional evidence, what can prove that the party at fault is in the above-mentioned situation is generally the testimony of neighbors, friends, streets or neighborhood committees in the place where they usually live. With the development of the Internet, electronic evidence has also entered the judicial field. Mobile phone text messages, MSN, QQ chat records, e-mails, audio and video recordings, etc. can all be used as evidence under certain conditions.

2. How to collect evidence for divorce

1. Documentary evidence refers to written materials recorded or expressed in words, symbols or graphics that can prove the characteristic facts of the case. For example: love letters, diaries, invoices for hotel rooms, and other evidence.

2. Physical evidence refers to all items that can prove the true circumstances of the case.

3. Audio-visual materials refer to evidence that proves the facts of the case by means of sounds or images reflected in audio or video recordings or tapes, or information stored in electronic computers. Such as photos, videos, and audio recordings taken between spouses and lovers.

4. Witness testimony refers to the oral or written statement made by a witness to the People's Court regarding the facts of the case that he or she knows. For example: what relatives, friends, colleagues, and neighbors see and hear about a spouse’s illegal behavior.

5. Statement of the parties refers to the statement made by the parties to the People's Court on the facts of the case. For example: transcripts of conversations between the parties and the judge.

6. Appraisal conclusion refers to the scientific judgment conclusion made by the appraisal department after studying the specialized issues raised by the parties and the People's Court using professional knowledge. If the court considers that a specialized issue requires appraisal, it should be referred to the appraisal department for appraisal. The appraisal department and the appraiser shall provide a written appraisal conclusion and sign or seal the appraisal report.