[Direct answer]The core of divorce litigation is evidence. Before filing a lawsuit, evidence should be systematically collected around four main aspects: the breakdown of the marriage, child custody, property status, and the other party's fault. According to Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021), the court uses "the marriage has indeed broken down" as the standard for granting a divorce. If there are circumstances such as bigamy, cohabitation with others, domestic violence, abuse and abandonment of family members, gambling and drug addiction, or living apart for more than two years due to marital discord, and mediation fails, the court shall grant the divorce. Article 1092 of the Civil Code stipulates that the party who hides, transfers, sells, damages, or squanders the couple's joint property may be awarded a smaller share or no share at all. Beijing area courts are strict in reviewing the authenticity of evidence and the methods of obtaining it. It is recommended to fix the evidence in a legal manner and preserve the original carriers. For related preparation tips, please refer to the following materials:Marriage and family matters, and divorce litigationColumn.

I. Problem background and typical scenarios

Such needs are common in several situations: First, when preparing for the first lawsuit, it is necessary to prove the breakdown of the marriage in order to increase the possibility of obtaining a divorce judgment; Second, when the other party is guilty of infidelity, domestic violence, etc., it is hoped to claim damages for divorce, and those involving personal injury can also refer to it.Personal injury and medical disputes1. The first step is to determine the jurisdiction of the case. If the defendant lives in Beijing, the case will be handled by the Beijing court. If the defendant lives in another city, the case will be handled by the court of the defendant's domicile. 2. The second step is to collect evidence. This includes collecting evidence of the defendant's income, property, and debts, as well as evidence of the plaintiff's losses. 3. The third step is to prepare for potential obstacles. For example, the defendant may hide or transfer assets, so it's necessary to clarify the ownership of real estate, deposits, and equity in advance. 4. For foreign-related marriages, it's necessary to prepare notarization and authentication materials for the marriage relationship and property ownership. 5. For custody disputes, it's important to collect evidence of daily care. When handling similar cases in the Beijing area, it's usually recommended to seize the high-evidence period before and after separation and focus on fixing the facts of separation and fault materials, because the records from this stage are most likely to be lost.

II. Key points of contention

Focus I: The evidentiary value of evidence of a broken relationship. Official documents such as police reports, warning letters, and administrative punishment decisions generally hold higher evidentiary value than unilateral statements and indirect hearsay. Focus II: The legality of evidence of fault. Evidence obtained by filming or recording in one's own home or in public settings can generally be used as evidence, while materials obtained by invading others' privacy or through illegal wiretapping or photo-taking may be excluded. Focus III: The integrity of property evidence. Real estate, vehicles, deposits, equity, and financial investments should be listed item by item and accompanied by ownership certificates. Focus IV: Proving the fact of separation. Rental contracts, community certificates, and chat records need to corroborate each other. Focus V: Reviewing the authenticity of debts. The joint debts claimed by the other party should be verified for their purpose and authenticity. Focus VI: Evidential time limits. Once original carriers and chat records are deleted, they are difficult to recover. Specifically, the current effective laws, regulations, and judicial rulings shall prevail. For matters involving debts and enforcement, reference can be made to relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Law Firm

From the multiple cases handled by our firm, we can see the decisive role of evidence. Firstly, in a foreign-related bigamy case handled by Attorney Xiong Binrong, the client sued for divorce due to long-term domestic violence and mental abuse. The attorney went to the other party's household registration location to investigate and found that the other party had registered a marriage with a foreign national. Although the divorce was granted by a foreign court, the other party had not applied to the intermediate court for recognition according to Chinese law, so the previous marriage had not been dissolved under Chinese law. The attorney completed the additional certificate of the foreign judgment and the notarized translation, submitted the marriage registration files and foreign legal provisions, and decisively changed the claim to confirm the invalidity of the marriage. On April 30, 2026, the court ruled to confirm the invalidity of the marriage, and the litigation fees were borne by the other party. Secondly, in a foreign-related divorce dispute handled by Attorney Xiong Binrong, both parties were foreign nationals who had lived in Beijing for a long time. The attorney confirmed that the Chinese court had jurisdiction based on the parties' habitual residence, assisted in preparing identity certificates, marriage relationship certificates, and property ownership certificates, and facilitated the court's mediation to dissolve the marriage and confirm the ownership of the property division. Thirdly, in a divorce dispute handled by Attorney Xiong Binrong, the woman discovered that the man had cheated on her during the marriage after his first lawsuit was dismissed. The attorney promptly fixed the evidence of the infidelity, and the court determined that the man was at fault and supported the woman in obtaining 70% of the joint property and custody of the children. It can be seen that the layout of evidence before litigation often directly determines the outcome of the case. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: 1. Evidence of a broken relationship: Classify and file the police report receipt, warning letter, injury photos, diagnosis certificates, and separation certificates separately. 2. Evidence of fault: Keep the original copies of chat records, photos, and videos. For important materials, consider obtaining notarization or timestamped proof of authenticity. 3. Evidence of property: Sort and copy all real estate registration information, vehicle registration certificates, bank statements, and equity and wealth management account statements. 4. Evidence of debt: Verify the authenticity of loan contracts and transfer receipts to prevent fraudulent debts. 5. Evidence of child custody: Organize care records and school/medical attendance certificates chronologically. 6. For cross-border cases, prepare passports, marriage registration materials, and notarized translations of overseas documents. For related procedures and key points, please refer to the guidelines provided.Special services and other casesColumn. In terms of legal basis, Article 1079 of the Civil Code of the People's Republic of China enumerates the circumstances under which divorce should be granted, Article 1087 stipulates that the division of marital property in a divorce shall be based on the principles of protecting the rights and interests of children, the wife, and the innocent party, Article 1091 stipulates the right to claim damages in situations such as bigamy, cohabitation, and domestic violence, and Article 1092 stipulates the sanction rules for concealing and transferring jointly owned property.

5. Henglu Law Firm's Advice

Risk Warning: Firstly, the evidence must be obtained legally. Evidence obtained by means of trespassing into others' residences or illegally eavesdropping and taking photos may be excluded and may also lead to liability for infringement; Secondly, it is strictly prohibited to only save screenshots of chat records and delete the original records. The court may require the production of the original carriers to verify their authenticity; Thirdly, if you find that the other party is transferring property, you should apply for property preservation as soon as possible. Delay may result in no property available for enforcement after the judgment; Fourthly, it is better to gather evidence as early as possible. After separation and the occurrence of fault, the originals and original carriers are most likely to be lost, so it is necessary to back them up immediately. It is recommended to consult a lawyer before suing.Beijing Henglue Law FirmHave a professional lawyer from the official website conduct an evidence review for similar columns, identify and address any gaps or shortcomings based on the litigation objectives, and avoid being passive in court proceedings.

VI. Frequently Asked Questions

Q1: What evidence can prove that the relationship has broken down?

Common examples include: police reports of domestic violence, warning letters, photos of injuries and medical diagnosis certificates; chat records, photos, and apology letters related to infidelity; rental contracts, community certificates, and separation agreements in the case of separation; administrative punishment decisions for gambling and drug addiction. Official documents have the strongest evidentiary value, but a single piece of evidence is often insufficient. It requires corroboration from other evidence to form a chain of evidence. If the circumstances meet the enumerated situations in Article 1079 of the Civil Code, the likelihood of a divorce judgment will significantly increase. It is recommended to organize these documents chronologically into a booklet.

Q2: Is the evidence obtained by secret filming and recording valid?

Recording videos or taking photos in one's own home or in public places, or obtaining records through generally known channels, can usually be used as evidence; however, intruding into others' residences, eavesdropping or taking photos of private spaces, or illegally obtaining others' communication records may be excluded due to serious infringements of others' legitimate rights and interests, and may even result in liability for infringement. The principle to follow is not to infringe on others' private spaces and not to use illegal means. If unsure, it is advisable to consult a lawyer before taking action to avoid turning evidence collection into a liability trap.

Q3: How to check if the other party has hidden assets?

First, you can sort out clues such as the other party's bank accounts, salary statements, provident funds, real estate registrations, vehicle registrations, equity and wealth management holdings; after entering litigation, you can apply to the court for an investigation order to inquire. If you find abnormal large-amount transfers, low-price transfers, or signs of holding on behalf of others, apply for property preservation in time, and, in accordance with Article 1092 of the Civil Code, claim that the party who hides or transfers the joint property should receive a smaller share or no share at all. If you discover this after the divorce, you can also request a re-division of the property.

Q4: How much does it cost to hire a lawyer for a divorce?

The attorney's fees are determined based on the complexity of the case, the subject of the property, and the focus of the dispute, and there is no uniform standard. The litigation fees are charged in stages according to the amount of the litigation request, and the portion of the successful litigation is shared proportionally. Cases with well-organized evidence often have more focused disputes and shorter litigation periods, and the overall cost can be controlled. It is recommended to first conduct an overall evaluation of the evidence situation and the scope of the claims, and then decide on the way of entrustment and the budget to avoid blind investment or failures in key links.

Q5: How to file a lawsuit after collecting the evidence?

The first step is to categorize the evidence into three categories: emotional breakdown, fault, and property and custody, and attach a list of evidence; the second step is to determine the jurisdiction of the court and prepare the complaint and identity materials; the third step is to apply for property preservation and investigation orders as needed to prevent the loss of assets; the fourth step is to review the outline of evidence and cross-examination before the trial and prepare cross-examination opinions for the other party's evidence in advance; the fifth step is to present claims for custody, alimony, and property division together. For reference, please refer to the following materials:Marriage and family matters, and divorce litigationColumn.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.