How to prove that the husband and wife have been divided into 2 years?(Affiliated to the Little Comic of Law Pu)

Article 1079 of the Civil Code stipulates that if a husband and wife ask for divorce, the relevant organization may mediate or directly file a divorce lawsuit to the people's court.

The people's courts should be mediate; if the relationship is indeed broken and the mediation is ineffective, divorce shall be allowed.

If one of the following situations, if the mediation is invalid, the divorce shall be allowed:

(1) Drying or living with others;

(2) Implement family violence or abuse or abandon family members;

(3) Evil hazes such as gambling, drug abuse are repeatedly taught;

(4) For two years due to emotional discord;

(5) Other circumstances that cause the relationship between husband and wife.

According to the above provisions, the court shall be allowed to divorce due to emotional disagreement and separation for two years. However, we need to bear the corresponding liability for proof.

In practice, the fact that simply stating the separation to the court is often weak. The separation of the husband and wife has no third party and other evidence to prove it. The words of the two parties may cause the court to be unable to determine or not determine the separation of the separation between the two parties. It is suitable for the rules of "divorced by two years or more to divorce". Therefore, the parties in the separation state should pay attention to the evidence of the separation period, such as witness testimony, lease contracts that find another residence, and letters receiving new address receiving.

1

The court is not divided, and the court is difficult to determine that it is divided

Due to economic conditions, most husbands and wives have only one residence, or they are unable to afford to live in a separate rental house for a long time. Therefore, after the husband and wife are not in harmony, different beds in the same room and eat each other. When one party filed a lawsuit divorce, if the other party did not acknowledge the facts of separation, and couples living together are purely private affairs, it is difficult for others to testify for this.

2

Living in a different place in a different place is not necessarily a "separation" in the legal sense.

Some husbands and wives do not live in one place because of employment and study. The living in the geographical sense is not necessarily a legal separation. Sign. However, if the husband and wife living in a different place belong to each other's feelings of disagreement, it can also constitute a legal separation, but there should be a certificate or other related evidence of the emotional discord between the husband and wife.

3

Common evidence that can prove that husband and wife separate

1. The "House Rental Contract" signed by one party at an outer residence;

2. The "Division of Sophomores" signed by the two parties is best written in writing, and the verbal agreement must be acknowledged;

3. The written separation documents issued in the direction of the other party are best mailing in the nature of express, indicating "separate documents" in the remarks bar, and retaining the mailing certificate to accurately calculate the time of the separation of the husband and wife;

4. The ability of the two parties can prove a letter, email, etc. due to emotional discord and separation of facts;

5. Personal certificates can also be, such as friends or relatives of the two parties, but because witnesses often have a favorable relationship with the party who tests them and the "private affairs" of separating the husband and wife, the individual witness testimony is difficult to accept the court, and to assist other ones. evidence.

4

Is the marriage relationship automatically lifted for two years?

Following (（满) for 2 years is only a way to judge the breakdown of the relationship between husband and wife. Without the legal divorce procedure, the marriage relationship between the two sides will still be continued. At this time, if one party marrys a third party, it will constitute a crime of getting married.

It should be reminded that divorce litigation desires to prove that the relationship between the couple has indeed ruptured. In addition to collecting evidence of the two years of separation, it is also necessary to pay attention to the evidence that both husband and wife are separated by feelings. Disaster. When the law stipulates that when the emotional discomfort and divorce for two years of the separation of separation, the court should find out that the reason for the separation is caused by the disagreement of the couple's feelings, not the separation between the two places caused by work, study and other reasons, and caused by housing problems due to housing problems. The couple cannot live in the same room.

The reason for this provision is that the facts of the separation of husband and wife separation do not mean the breakdown of the husband and wife. The factors have the original intention of legislation.

Attachment: separate comics of Fa Panda

Source: Research Institute of Judicial Cases of the Supreme People's Court of Shandong High -Law of Law

Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law. If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

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