Classification of Evidences in Divorce Case
For divorce cases, the evidences can generally be classified into the following categories:
1. Documentary evidence: documentary evidence refers to the text, symbols recorded to prove the facts reflected by the instruments. For example, letters, documents, real estate license, repayment statements, wills, verdicts and so on.
2. Physical evidence: physical evidence refers to the shape, characteristics, quality of goods and things alike to prove part of the facts or items related to the facts. For example, gifts between the parties, pieces of photos tore by the parties during the fight, pieces of things smashed by the parties during quarrels between husband and wife and so on.
3. Audio and video records: audio and video records refer to audio and video recorded facts. For example, conversations recorded with a tape recorder, activities recorded by a video recorder, and data stored by the computer. Video and audio materials are more visual to proof the alleged facts; people may use videotapes to prove affairs with another for divorce cases.
4. Witness testimony: witness testimony refers to the verbal testimony made by the witness, sometimes the writing form of testimony is also recognized if the witness is not able to take part in the hearing. The witnesses are generally required to make a declaration that they are telling the truth and that they understand the legal consequence of perjury.
5. The statement of the parties: the statement of parties refers to statements given by the parties of the case, i.e., the plaintiff or the defendant. In general, it refers to the relevant contents of the pleadings, the answers, and the trial records.
6. Expert’s opinion: expert’s opinion refers to the conclusion made by experts on the special matter for their expertise in civil cases. The third-party experts are generally designated by the people's court. Such as medical identification, disable authentication, house value assessment.
7, Other materials that can prove the facts of the case.