In accordance with the provisions of the Marriage Law of the People’s Republic of China, the male and female parties may require divorce together or directly file a divorce suit with the people’s court. But before you file a divorce suit with the people’s court, please consider the following questions carefully:
（1）Whether the couples are in a disagreement or if the relationship really is irreparable?
（2）Whether the couples have actively taken measures against a marriage crisis?
（3）Whether the couples are aware of the enormous and irreparable harm of divorce to both sides, especially to their children?
（4）Whether the couples can harmoniously agree to divorce?
If the above issues have been carefully considered and you still decide to file a divorce suit, you should read the guidelines in detail and collect the relevant evidence accordingly.
36.1. Evidence of the Subject Qualification of the Parties
You shall provide the relevant evidence of the subject qualification in detail in accordance with the following requirements to prove that you are the right subject of litigation, and in the future procedures ensure that you can be contacted in timefor the litigation documents to be delivered to you.
36.1.1.The identity information of: your name, gender, age, nationality, residence, contact information, ID number, and other basic information such as ID card, residence booklet, residence certificate, passport, Hong Kong, Macao and Taiwan residents’ compatriots HVPS and so on.
36.1.2. Evidence of the matrimonial relationship between husband and wife, such as a marriage certificate, or marriage establishment certificate issued by marriage registration authorities;
36.2. Evidence of a Broken Marriage Relationship
36.2.1. If a party is married or has a spouse living with another person, the testimony of the witness or a certificate issued by the relevant authority may be submitted;
36.2.2. If a party implements domestic violence or verbal abuse, or abandons family members, forensic identification, medical records, proof of the police, police inquiries transcripts and physical injury photos may be submitted;
36.2.3. If a party gambles, abuses substances or has other incorrigible harmful habits, the testimony of the witness or a certificate issued by the relevant authority may be submitted; if administrative penalties or criminal judgments are imposed, punishment decisions or criminal judgments and other corresponding legal instruments may be submitted;
36.2.4. If the relationship has been estranged for over two years, the testimony of the witness or a certificate issued by the relevant authority may be submitted;
36.2.5. If a party is declared missing, the missing civil judgment document from the people’s court may be submitted;
36.2.6. If a party is sentenced to a long-term imprisonment, or if the marriage relationship is seriously influenced by his or her its illegal or criminal acts, criminal judgment documents from the people’s court may be submitted;
36.2.7. Other evidence that leads to a broken marriage relationship.
36.3. Evidence that the Children will be Better Raised by One Party
36.3.1. The evidence of legitimate children, stepchildren or adopted children, such as birth certificate, residence booklet and so on.
36.3.2. The evidence of higher education, such as graduation certificate, degree certificate and so on.
36.3.3. Personality, more scientific evidence on raising children, such as the testimony of witnesses and so on;
36.3.4.Evidence of better economic condition, such as wage certificate or other legitimate income certificate;
36.3.5. Evidence of better living conditions, such as real estate certificates, proximity to education establishments and so on;
36.3.6. Evidence of the willingness of the minor children over 10 years old;
36.3.7. Evidence that the other party is suffering from infectious diseases or other serious illnesses whereby the children should not live together with this party;
36.3.8. Evidence that the children has resided longer with one party or his or her parents, and the environmental changes are clearly detrimental to the healthy growth of their children;
36.3.9. Evidence of sterilization or fertility loss for other reasons;
36.3.10. Other evidence that is advantageous to the healthy growth of the children.
36.4. Evidence of Common Property and Division Proportion
36.4.1. If the common property is as real estate, the real estate register, real estate license or purchase contract, purchase invoice or investment certificate may be submitted;
36.4.2. If the common property is a vehicle, the motor vehicle registration certificate, or a driving permit may be submitted;
36.4.3. If the common property is a deposit, passbooks or bank cards may be submitted;
36.4.4. If the common property are stocks, a shareholders card, capital account or broker account information may be submitted;
36.4.5. If the common property is equity, the company's business registration information, shareholder certificate or capital certificate may be submitted;
36.4.6. If one party has any creditor’s right or debt, the corresponding creditor’s right and debt certificate may be submitted;
36.4.7. If properties have been agreed upon by the couples prior to the marriage to belong to each respective person after the end of the marriage, the corresponding agreement shall be submitted;
36.4.8. Other evidence on the common property;
36.4.9. If one party applies to the people’s court for an investigation of the property of the other party, the corresponding property documents shall be submitted;
36.4.10. The evidence on non-division, less division or more division.
Any plaintiff who reconcile or are not allowed to divorce but sues for divorce again within six months are required to submit evidence of new circumstances or new causes, for example, if one party hides, transfers, sells, damages common property or forges debt.
If you sue for divorce again, you should submit the previous documents for reference.
