[Direct answer]The evidence for suing for divorce is prepared along three main lines: first, the breakdown of the marriage, such as the receipt of a police report on domestic violence, photos of injuries, a certificate of separation, and chat records of extramarital affairs; second, the division of property, such as real estate certificates, bank statements, vehicle registration certificates, and equity certificates; third, the custody of children, such as birth certificates, daily care records, and school attendance certificates. According to Article 67 of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), the party who raises a claim has the responsibility to provide evidence. Insufficient evidence directly affects the judgment of divorce and the division of property. For the evidence list and preservation plan, please consult the relevant department for further information.Special services and other case servicesAndBeijing Henglue Law Firm.

1. Problem background and typical scenarios

In divorce litigation cases, weak evidence is the main reason for the first judgment not allowing divorce and disadvantageous property division. Typical scenarios include: experiencing domestic violence but not reporting it to the police at the time, only having a few voice messages and scattered photos; being separated from the other party for a long time but unable to provide written evidence of the separation; suspecting the other party of cheating and secretly checking their phone to obtain records, but the legitimacy of the evidence is questioned; taking care of the children full-time for years and having no knowledge of the family's assets or the other party's income; and only discovering after filing the lawsuit that the other party has transferred their savings to a relative's name. Evidence collection must be carried out systematically before filing the lawsuit, as collecting evidence on the spot often misses critical opportunities.

II. Key points of contention

  • Evidence of emotional breakdown: Domestic violence requires a police report and receipt, a warning letter, and a medical examination report to form a chain of evidence; separation requires a lease contract, proof of residence, and witness testimony; if there are only subjective statements, the court will have difficulty determining the facts, and the court should provide evidence in accordance with the statutory circumstances set forth in Article 1079 of the Civil Code.
  • Tracking and combating the transfer of assets: If the party involved in the lawsuit has unclear information about accounts, equity, or provident funds, they can apply for a court investigation order to inquire about the situation. If they discover that the other party has hidden, transferred, or sold assets, they can claim a reduced or no share of the assets in accordance with Article 1092 of the Civil Code. Preservation and enforcement arrangements can be coordinated with this claim.Creditor-debtor relations and enforcement case servicesSynchronous design.
  • The legality of evidence and paternity testing: Evidence obtained by illegal means may not be admissible, and WeChat records should be kept in their original form. In cases involving disputes over whether a child is the biological offspring of the parents, paternity testing should be commissioned through legal procedures. The results of paternity tests commissioned unilaterally need to be evaluated to determine whether the other party will accept them.

III. Professional analysis by Henglue Lawyers

Take a divorce-related lawsuit handled by Henglue Lawyers as an example. After remarrying, Zhao * and Zhang * jointly operated a clinic. In early 2025, Zhao * sued for divorce. During the divorce proceedings, Zhang *'s mother Liu * and brother Zhang *1 suddenly sued for family division, claiming that the 5.69 million yuan transferred to Zhao *'s account was family joint property and demanding the return of 950,000 yuan. However, Liu * had previously sued for civil loans, which were dismissed. After losing the case, she quickly changed the basis of her claim. Zhao * entrusted Henglue Lawyers to defend against the lawsuit. The lawyers established her status as a third party with independent rights of claim and put forward three defense opinions: First, they submitted evidence of the clinic's operation to prove that the 5.69 million yuan was income from joint operations during the marriage and belonged to the couple's joint property rather than the family's common property. Second, the two plaintiffs had limited retirement income and lacked the ability to accumulate large amounts of money. The so-called "entrusted investment and financial management" was inconsistent with common sense. Third, the two plaintiffs changed their claim to family division after losing the civil loan case, and there was strong suspicion of their colluding with Zhao * to transfer the couple's joint property. Moreover, they could not explain which specific transfers of 950,000 yuan corresponded to or when they occurred. The court ruled that the parties had the burden of proof for their claims. The two plaintiffs could not confirm the specific composition of the 950,000 yuan and failed to prove that the 950,000 yuan in Zhao *'s account belonged to the family's joint property. Therefore, the court dismissed all of Liu * and Zhang *1's claims, and the litigation fees of 13,300 yuan were borne by the two plaintiffs. This case shows that when relatives of the other party suddenly sue for property during the divorce, organizing evidence around the source of the funds, the burden of proof, and the motives of the lawsuit can reverse the situation. Their approaches to property preservation and enforcement should also be adjusted accordingly.Divorce litigation and legal services for family disputesInterconnected.

In another fraudulent child support case, Mr. Zhang and Ms. Wang registered their marriage on September 16, 2009, and gave birth to a daughter on February 9, 2010. After their divorce by agreement in 2011, the daughter lived with Mr. Zhang, and Ms. Wang never paid child support. In December 2020, Mr. Zhang commissioned a paternity test, and in January 2021, the conclusion did not support him as the child's biological father. He therefore sued to confirm the non-parental relationship and claim compensation. The defendant argued that the plaintiff was fully aware of the non-biological relationship and that the marriage was intended to take advantage of the two-restricted housing policy. However, during the three-year lawsuit to change the child's custody rights, the defendant never disclosed the crucial information about the child's non-biological status, which was clearly unreasonable. Based on the expert opinion and the above details, the court ruled in accordance with Articles 1043, 1073, and 1183 of the Civil Code of the People's Republic of China that the parties did not have a parent-child relationship. Ms. Wang was ordered to return 229,666.67 yuan in child support, compensate 30,000 yuan in mental distress damages, and pay 1,950 yuan in expert fees within ten days after the judgment takes effect. The contradictions between the expert opinion, the child support receipts, and the defendant's statements are the core evidence in such cases.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1079 of the Civil Code of the People's Republic of China (effective from January 1, 2021) lists the statutory circumstances under which a divorce should be granted, and stipulates that if the court rules against the divorce and the parties subsequently live apart for one year after the ruling, and one party files for divorce again, the divorce shall be granted; Article 1091 stipulates that in cases of divorce due to bigamy, cohabitation with others, domestic violence, abuse or abandonment, or other major faults, the innocent party has the right to request compensation for damages; Article 1092 stipulates that a party who hides, transfers, sells, damages, or squanders the couple's joint property or forges joint debts may be granted a smaller share or no share in the division of assets, and may request a re-division if such acts are discovered after the divorce. Article 67 of the Civil Procedure Law of the People's Republic of China establishes the basic rule that "whoever alleges, must provide evidence". Article 13 of the Methods for Payment of Litigation Fees (effective from April 1, 2007) stipulates that the acceptance fee for divorce cases is 50 yuan to 300 yuan per case. For cases involving property division, if the total amount of the property does not exceed 200,000 yuan, no additional fees shall be paid; for amounts exceeding 200,000 yuan, 0.5% of the excess amount shall be paid. At the practical advice level: Complete three lists of marriage, property, and creditor-debtor relationships before filing a lawsuit; promptly fix and preserve the original carriers of police reports, injury reports, guarantee letters, and chat records; it is advisable to apply for property preservation simultaneously for large-scale assets, and the plan can be submitted to the court for review after preparation.Special services and other case-related services中评估。

5. Henglu Law Firm's Reminder

The vitality of evidence lies in its authenticity, legality, and relevance: WeChat screenshots should be able to restore the complete context, transfers should have purpose notes, and key witnesses should be present in court as much as possible. Common pitfalls include only presenting conclusions without the process, using illegal methods of evidence collection, and directly treating emotional communication as evidence of fault. The time window for marital cases is very tight - the start of separation, changes in property, and arrangements for children's lives are all based on the time specified in the evidence. The above-mentioned divorce property transfer response cases are handled by Beijing Henglu Law Firm.Xue SuhuaThe lawyer (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acted on behalf of the client, and the court ultimately rejected all the claims of the opposing party. If you are preparing to file a lawsuit for divorce, it is recommended that you first conduct an evidence review before deciding on the timing of the lawsuit and the design of the claims.

Q1: If the other party does not agree to the divorce, will the court grant the divorce in the first lawsuit?

It's not necessarily the case, but sufficient evidence can significantly increase the probability of divorce. According to Article 1079 of the Civil Code of the People's Republic of China, if there are circumstances such as bigamy, cohabitation with others, domestic violence or abuse and abandonment of family members, gambling and drug addiction, and repeated refusal to reform after repeated warnings, or if the couple has been living apart for two years due to marital disharmony and the mediation is unsuccessful, the divorce shall be granted; if none of the above circumstances exist and the other party firmly refuses to agree, the first lawsuit may result in a judgment of non-divorce. However, if the couple has been living apart for one year after the judgment takes effect and the other party files a second lawsuit, the divorce shall be granted. Therefore, when filing the first lawsuit, it is necessary to organize evidence in accordance with the statutory circumstances item by item, rather than making vague statements about marital disharmony.

Q2: If I don't have a marriage certificate or if my marriage certificate is lost, can I file for divorce?

You can first reapply for the marriage certificate and then file a lawsuit. If the marriage certificate is lost, you can go to the original registration authority or the marriage registration authority at the place of one party's household registration with your ID card and household registration booklet to apply for a replacement, or file a lawsuit after requesting a certificate of marriage registration records; for those who lived together as a couple and met the substantive requirements for marriage before the promulgation and implementation of the "Regulations on the Administration of Marriage Registration" by the Ministry of Civil Affairs on February 1, 1994, they can be treated as de facto marriages and directly file a lawsuit for divorce. For cohabitation relationships after that date, it is necessary to first dissolve the relationship and deal with property and child custody issues. Proof of identity and marital status is a prerequisite for filing a lawsuit. It is advisable to handle these matters in advance to avoid repeated corrections and delays in the litigation process.

Q3: How much does it cost to file a divorce lawsuit?

Regarding the court acceptance fees, according to Article 13 of the "Measures for the Payment of Litigation Costs" (effective April 1, 2007), the divorce case shall be charged 50 yuan to 300 yuan per case; for cases involving property division, if the total value of the property does not exceed 200,000 yuan, no additional fees shall be charged; for the part exceeding 200,000 yuan, a fee of 0.5% shall be charged. For example, for a disputed property worth 1 million yuan, an additional fee of about 4,000 yuan shall be charged. The attorney's fees shall be determined through consultation based on the complexity of the case and the subject matter of the property, and are usually charged in stages; for applying for property preservation, additional preservation fees shall be paid and a guarantee provided. It should be noted that after verifying that the other party has transferred the property, the share that the party is entitled to receive is often much greater than the cost of obtaining evidence. The key is to spend money on fixing the evidence.

Q4: How long does it usually take to finalize a divorce case in court?

According to Article 164 of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), cases applying the summary procedure shall be concluded within three months from the date of filing; according to Article 152, ordinary procedures shall generally be concluded within six months from the date of filing, and periods such as appraisal, evaluation, and announcement of service shall not be included in the time limit for trial. There is a 15-day appeal period after the first-instance judgment, and if the other party appeals and the case enters the second-instance process, additional trial time will be required. Cases involving foreign service and where the other party's whereabouts are unknown will have significantly longer processing cycles. It is recommended to complete the sorting of property clues and evidence fixation before filing a lawsuit to reduce procedural repetition.

Q5: If the other party transfers their assets away, can I track them down?

You can apply for inquiries in accordance with the law. In the process of litigation or prosecution, you can apply to the court for an investigation order or request the court to obtain the other party's bank transaction records, securities accounts, real estate and vehicle registration information, provident fund, and insurance policy information; if you find that the other party transferred large sums of money to relatives or sold property at a low price before and after the divorce, according to Article 1092 of the Civil Code of the People's Republic of China, the party who hides, transfers, sells, damages, or squanders the couple's common property may receive a smaller share or no share in the division. If you discover this after the divorce, you can sue for a re-division from the date of discovery. At the same time, it is recommended to apply for property preservation to freeze the other party's accounts and real estate to prevent there being no property available for enforcement after the judgment.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit.Specialised services - Legal services·Attorney Xue Suhua·Beijing Henglue Law Firm