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Evidence Collection for Cohabitation Dispute

  • Time:2018-01-05
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Evidence Collection for Cohabitation Dispute
If the spouse didn’t manage to register their marriage, failed to obtain a marriage license for any reason, the marriage is decided as invalid, or the marriage is rescinded through legal proceedings, the marriage would be taken as cohabitation relationship.  There is no process of divorce since there is no basis for divorce. However, issues regarding common property or child support may arise for the court to rule as cohabitation case. Lawyers representing cohabitation disputes will investigate and collect evidence for the following facts:
1. The basic situation of cohabitation: the commencement time of cohabitation time of the two parties; the status of cohabiting property during the cohabitation, the source of property during the cohabitation, the status of property ownership registration, the current status of usage, whether the two parties have any written agreement for the property ownership for cohabitation, whether there are any common debts, the thoughts of two sides with respect to the dispossession of the property.
2. The basic information of children: children's birth date, which party has been taking care of the child, children's current living conditions, the willingness of the children regarding who to live with in the case of parents break up of cohabitation relationship, the opinion of both parties regarding the child custody and child support, the supporting  abilities of both parties,  whether there  is any bad habit or disease for raising children of any party. Whether the other party also has any child or stepchild, adopted children;
3. The reasons for the occurrence of cohabitation disputes, and whether there is any fault on the part of either party or both.
4. The main controversial issues of cohabitation dispute between the two parties, for example, mainly dispute arising  from the dismissal of cohabitation or from the  dispossession of property, or disputes over the custody of children;
5.  The cohabitation dispute involves any third party, especially the legal spouse and children with the legal spouse so that the lawyer can determine whether to collect the relevant evidence.
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