How to compensate for divorce in the case of derailment during marriage
Guide: One of the spouses has been derailed during the marriage. At this time, one of the parties can sue for divorce. Then, what evidence is needed to sue divorce when prosecuting divorce, and how to sue for divorce compensation and damage compensation What conditions are needed.
One of the spouses has been derailed during the marriage. At this time, one of the parties can sue for divorce. Then, what evidence is needed to prove derailment during the divorce? condition. The specific content will be introduced by Beijing divorce lawyers.
I. How to compensate for derailment in marriage
If both parties agree to a divorce, but no agreement can be reached on the distribution of property, the court will first consider the party at fault when making the decision. At the time of divorce, common property and debt are generally divided, and personal property and debt belong to the individual. When there are no faults on both sides, there is no compensation for each other in divorce. However, the faultless party has the right to claim against the faulting party.
Regarding the child's custody, the court will not first consider whether it is derailed or not, but will first consider how to benefit the child. When the child is under the age of two, it is usually given to the mother. When the two years of age are negotiated, the court will determine the child's ownership according to the actual conditions of the two parties. The other party pays alimony based on fixed income. If there is no fixed income, a proper proportion of the alimony should be paid in accordance with the same industry standards, and they have the right to visit.
Evidence that one party derailed
1. Adopt the principle of who claims and who gives evidence. If one party claims that the other party has an affair or an affair, then the evidence must be provided to prove that if the evidence cannot be provided, the court will not accept it. The process of obtaining evidence is cumbersome, and in most cases a negotiated divorce is recommended.
2. There is usually a lot of evidence to prove an affair. The evidence is about documentary evidence and witnesses. Only the witness is useless, the other party can find a few people at any time to say that he has not seen him derailed. Unless the other party acknowledges it in court or writes a letter of acknowledgment of derailment and a guarantee of non-derailment.
3. Evidence can prove an affair, but please note that the more evidence the better, the single evidence is not effective.
(1) Photos of men and women alone (excluding streaking or celestial baths) and videos, pay attention to the lawful acquisition, and illegal evidence is not counted (the evidence of sneak shots is illegal and cannot be used as evidence. The court does not accept it and ignores it This has been mentioned before. The orientation of the law does not support the use of illegals to treat illegals. The evidence-gathering aspects of the film are all talked about).
(2) A letter of guarantee, an acknowledgment, and a remorse written by one party to acknowledge the fact of derailment.
(3) chat qq records, house opening records, intimate photos. Call records, SMS records and more.
Requirements for divorce damages
1. A spouse has a subjective and behavioral fault in divorce
This is the subjective aspect of divorce damages, that is, one party is required to be at fault, and the "fault" must be the fault that led to the divorce. The violation of marriage and family relationship must be subjective intentional or negligent.
2. One party's behavior is illegal
This is an objective behavioral requirement for divorce damages, that is, the act of the wrong party violates the provisions of the Marriage Law or the marriage contract's requirements for marriage obligations, such as the breach of the spouse's obligation to support each other.
3. The victim is not at fault
This is an element of the victim of divorce damages, that is, the victim who requests damages must have no subjective fault.
4. The claimant has the fact of damage
This is an objective consequence of divorce damages, that is, the party enjoying the right of claim must have the facts of damage, including property damage and mental damage. Judging from the provisions of the marriage law, this fact is manifested as a result of divorce. Article 46 requires compensation only if divorce is caused by acts that disrupt marriage and family relations. If the end result of divorce does not occur, even if these violations have caused substantial damage, compensation cannot be claimed.
The above is the content information of the divorce lawyers in Beijing on how to compensate for divorce during the derailment, the evidence of divorce during the divorce during the marriage, and the content of the damages. I hope these contents are helpful to you. If you have any evidence about divorce during derailment or questions about the conditions for prosecuting divorce, you can also consult a professional divorce lawyer at Beijing Divorce Lawyer Network.
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