[Direct answer]Yes. In divorce litigation, the attorney can legally collect evidence within the scope of authorization: if the attorney conducts the investigation himself, he/she may investigate relevant units or individuals with the attorney's practice certificate and the attorney's firm's proof (Article 35 of the Law of the People's Republic of China on Lawyers, amended in 2017); if the attorney cannot obtain the evidence himself/herself, he/she may apply to the people's court to collect and retrieve the evidence (Article 67 of the Civil Procedure Law of the People's Republic of China). The evidence collection is focused on four main aspects: the breakdown of the marriage, the fault of either party, the marital property, and the custody of the children. For the design of the solution, please refer to the following link:Divorce litigation and legal services for family disputesAndBeijing Henglu Law Firm.

1. Problem background and typical scenarios

The success or failure of divorce cases largely depends on evidence: proving the breakdown of the marriage requires evidence of separation, domestic violence, or infidelity; obtaining a larger share of assets requires evidence of the other party transferring or hiding assets; and securing custody rights requires materials about the child's current living and educational situation. However, parties often encounter obstacles when collecting evidence on their own — the other party refuses to provide account information, employers and registration authorities do not accept personal inquiries, chat records are deleted, and witnesses are unwilling to appear. The value of a lawyer's representation lies in organizing scattered evidence into a court-admissible chain of evidence through legal means, and seizing opportunities for evidence collection, preservation, and cross-examination before filing a lawsuit and during the trial process.

II. Key points of contention

  • The legal boundaries of evidence collection: Evidence formed or obtained by methods that seriously infringe upon others' legitimate rights and interests, violate prohibitive provisions of law, or seriously violate public order and good customs shall not be used as the basis for determining the facts of the case (Article 106 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings", implemented on May 1, 2020). Invading residences and eavesdropping may also lead to public security or criminal responsibility.
  • The division of labor between lawyers and courts in investigations: For information that individuals are not authorized to retrieve, such as bank transaction records, real estate registration, household registration files, etc., lawyers must apply for investigation orders or request the court to retrieve it on its own initiative. The timing and scope of the application directly affect the progress of the investigation.
  • The integrity of the chain of evidence: Isolated evidence is difficult to support a claim. Domestic violence requires corroboration among police reports, diagnostic certificates, and witness statements. Infidelity is often proven through indirect evidence such as communication records and location tracking. It is necessary to organize the evidence according to its purpose and prepare for cross-examination.

III. Professional analysis by Henglue Lawyers

After Li Xiang and Li Li met on a dating website, they registered their marriage at the Civil Affairs Bureau of Xicheng District, Beijing on May 14, 2018. After marriage, Li Li subjected Li Xiang to domestic violence and psychological abuse for a long time, which led to Li Xiang being diagnosed with moderate depression. In March 2025, Li Xiang entrusted lawyer Xiong Binrong of Beijing Henglu Law Firm to file a lawsuit against Li Li at Shunyi District Court for divorce disputes, requesting the dissolution of the marriage, the division of real estate and vehicles, and the sharing of joint debts. Li Li firmly opposed the divorce in court, denied domestic violence, and refused to acknowledge the relevant claims. The lawyer proceeded to investigate Li Li's household registration address and made a breakthrough discovery: Li Li had registered her marriage with Swedish man George on November 26, 2014, and was divorced by the Uppsala District Court of Sweden on January 18, 2018. However, she failed to apply to the intermediate court for recognition of the Swedish judgment according to Chinese law before registering her marriage with Li Xiang, and her previous marriage was still not dissolved under Chinese law, constituting bigamy with Li Xiang. The lawyer decisively changed the litigation request from divorce to confirmation of the invalidity of the marriage and conducted overseas evidence collection: applying to the Swedish court for disclosure of the divorce judgment, completing the notarization and Chinese translation of the additional certificate; submitting the Swedish marriage law provisions to prove that the local tax bureau has no authority to dissolve the marriage; and retrieving the marriage registration archives to prove that Li Li submitted the information from the Swedish tax bureau rather than the judgment recognized by the Chinese court when registering. The People's Court of Shunyi District, Beijing fully adopted the lawyer's agency opinion and ruled on April 30, 2026 that Li Xiang and Li Li's marriage was invalid, with the case acceptance fee of 150 yuan borne by Li Li. This case fully demonstrates the evidence collection path of "preliminary materials - on-the-spot investigation - overseas evidence collection - evidence closed loop". The bigamy may also involve criminal evaluation, and the relevant risks can be referred toCriminal defense and criminal case filing services.

In similar family law cases, the organization of evidence also determines the outcome: In the divorce case handled by Attorney Tian Jiaoyan, the lawyer used police reports, hospital diagnosis certificates, and neighbor testimonies to prove the fact of domestic violence. By retrieving the other party's communication records and travel trajectories with third parties, an indirect evidence chain of infidelity was formed. Additionally, the lawyer used rental contracts and community certificates to confirm the fact of separation from January 2025, ultimately enabling the parties to divorce through court mediation with clear visitation arrangements of picking up the child for 9 hours every Saturday. It can be seen that professional evidence collection is not simply running errands, but designing a combination of evidence according to the purpose of proof.

IV. Practical suggestions and legal basis

At the legal basis level: Article 35 of the Law of the People's Republic of China on Lawyers (amended in 2017) stipulates that lawyers who conduct investigations and evidence collection on their own may, with their lawyer's practice certificates and proof from their law firms, investigate relevant situations related to the legal affairs they are handling from relevant units or individuals, and may also apply to the people's courts to collect and obtain evidence. Article 67 of the Civil Procedure Law (amended in 2023 and effective from January 1, 2024) stipulates that parties have the responsibility to provide evidence for the claims they put forward, and the people's courts shall investigate and collect evidence that parties and their litigation agents cannot collect on their own due to objective reasons. Article 106 of the Supreme People's Court's Several Provisions on Evidence in Civil Procedure (amended in 2019 and effective from May 1, 2020) establishes the rule of excluding illegal evidence. Articles 1079, 1087, 1091, and 1092 of the Civil Code (effective from January 1, 2021) respectively correspond to the determination of marital breakdown, the division of marital property in accordance with the principle of protecting the innocent party, divorce damages compensation, and the division of property with less compensation for the party who transfers property. At the practical advice level: Retain the original carriers of electronic evidence and notarize and fix key records; sort out clear account and registration clues before applying for an investigation order; organize evidence of fault corresponding to specific litigation requests; immediately apply for preservation measures if discovering signs of the other party transferring property to prevent the loss of both evidence and property. For evidence collection plans, please consult us for advice.Divorce litigation and legal services for family disputesTeam.

5. Henglu Law Firm's Reminder

Evidence collection is not only a technical task but also a matter of timing: first fix the evidence, then retrieve it, and finally cross-examine it. If the order is reversed, it is easy to tip off the other party; moreover, it is not allowed to collect evidence beyond the scope of the case. Illegal evidence will be excluded, and the collector may even face legal consequences. The above-mentioned confirmation of the invalidity of the marriage case was handled by Beijing Henglu Law FirmXiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as an agent. The lawyer investigates the client's household registration and obtains evidence from overseas to identify the key evidence of bigamy, helping the client completely get rid of the painful marriage. If you need to evaluate the divorce evidence collection and litigation plan, you can contact us throughBeijing Henglu Law FirmFor the appointment interview, the lawyer will list the evidence and the retrieval path based on the case situation.

Q1: Can a lawyer help retrieve the other party's bank transaction records?

Yes, but it must be done through legal procedures. Lawyers are not entitled to directly query others' accounts. They usually apply to the court for an investigation order or request an ex officio investigation, specifying the account clues, the period of inquiry, and the purpose of retrieval. After the court reviews and issues the order, banks and other units should cooperate. The retrieved transaction records can be used to verify large-scale abnormal transfers, identify acts of transferring and hiding assets, and if confirmed, the party concerned may claim that the other party should receive a smaller share or no share of the property according to Article 1092 of the Civil Code. If the parties themselves steal or intercept each other's account information, the evidence may not be admitted due to illegal evidence collection. It is recommended to apply for retrieval under the guidance of a lawyer and pay attention to preserving the evidence of account clues.

Q2: Can the chat records and audio recordings that I secretly recorded be used as evidence?

Legally obtained WeChat chat records and call recordings can be submitted, which belong to electronic data and audiovisual materials. The key lies in the way of obtaining them—if they are formed or obtained by methods that seriously infringe upon others' legitimate rights and interests, violate prohibitive provisions of the law, or seriously violate public order and good customs, they shall not be used as the basis for determining the facts in accordance with Article 106 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" (effective May 1, 2020). Recording and saving chat records between the parties in their own conversations are generally admissible; however, installing eavesdropping devices or intruding into others' mobile phones or residences is not allowed. Evidence should retain its original carrier, and it is recommended to submit important records after notarization.

Q3: How much does it cost to hire a divorce lawyer, approximately?

The attorney's fees are linked to the complexity of the case: those involving no large-scale property are usually charged per case, while those involving real estate, equity, or foreign-related factors are charged based on the value of the disputed subject matter, with additional actual expenses such as preservation fees, notarization fees, and investigation travel costs. The fees charged by law firms in Beijing vary widely, and the key point is that the written power of attorney contract should specify the billing method, the stages of representation, and the scope of authority. According to Article 13 of the "Method for Payment of Litigation Costs" (implemented on April 1, 2007), the case acceptance fee is between 50 yuan and 300 yuan per case. If the total amount of property division does not exceed 200,000 yuan, no additional fees are charged; for amounts exceeding this, a fee of 0.5% is charged. It is recommended that you consult with the lawyer to obtain a phased fee proposal before deciding to entrust them with the case.

Q4: When is the best time to start collecting evidence?

When detecting signs of a marital crisis, it's important to secure evidence as soon as possible: chat records, transfer receipts, police report receipts, and medical records should be collected and stored promptly to prevent the other party from deleting or altering them or witnesses from losing contact. Applying for investigation orders and evidence preservation in litigation requires clear clues, and sorting out account, property, and vehicle information in advance can significantly speed up the process. Collecting evidence at the last minute before suing may alert the other party and lead to them transferring assets first; if transfer signs have been detected, you can claim a smaller share or no share according to Article 1092 of the Civil Code and apply for property preservation as soon as possible. Evidence collection and litigation requests should be designed in a coordinated manner, and it is recommended that lawyers plan the path and sequence together.

Q5: Can the other party's fault be proven even without cheating photos?

Yes. There are very few decisive photos of extramarital affairs, and the determination of such affairs relies more on indirect evidence: the communication records between the other party and the third party, travel routes, spending records, and accommodation information mutually corroborate each other. Combined with the timeline of separation and witness testimonies, the court can determine the breakdown of the marriage or the fault of one party. Those claiming damages or seeking a favorable division of marital property must also explain the causal relationship between the fault and the breakdown of the marriage. Evidence collection should be conducted within legal boundaries, and illegally obtained evidence will be excluded. If it is verified that the other party has committed bigamy or cohabited with others as described in Article 1091 of the Civil Code, the innocent party also has the right to request damages for divorce.

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