How to prove the marriage is broken down
The lawyer will collect the evidence in the following aspects when it comes to the case that the marriage has become irretrievably broken down.
1. To claim the dissolution of marriage on the grounds of bigamy, evidence should be provided to prove that the parties have the original legal marriage and the fact that the party to the legal marriage have committed bigamy. In case a spouse claims to rescind marriage on the ground the other party living with another despite the fact that he or she has a legitimate spouse, Evidence of the fact that the spouse is living with someone else and the client is a suitable applicant for the dissolution of the marriage.
2. If one spouse is claiming for dissolution of marriage based on the ground of domestic violence, evidence of the existence of the domestic violence committed by the other party together with the evidence that the perpetrator is guilty and the litigant is the eligible applicant for the dissolution of the marriage relationship shall be provided;
3. In order to terminate the marriage relationship by claiming abusing or abandonment committed by the other party, the fact that the parties in the marriage relationship have abused and abandoned family members should be shown.
4 In order to claim dissolution based on gambling or drug use, the claiming party should prove that the parties have been gambling or using drugs.
5. For divorce claims based on separation, the claimant should prove that both spouses have separated for more than two years for the reason of the cold war or fighting with each other and there is no way that the relationship between husband and wife could be recovered.
Generally, a lawyer may collect the following evidence to support the irretrievable break down of marriage:
(1) Witness testimony of neighbors, friends, colleagues, and relatives;
(2) Evidence of domestic violence, such as police records, inspection documents, hospital diagnosis certificates and forensic examination reports;
(3) Divorce agreement, letter, e - mail, letters, short messages;
(4) Photos, audio, and video recordings, electronic documents reflecting the harm of the couple;
(5) The mediation records of relevant units such as Woman’s Union, neighborhood committees.
