[Direct answer]In the Beijing area, proving that "the marriage has irretrievably broken down" is the core of divorce litigation, and the court determines this based on Article 1079 of the Civil Code and specific circumstances. Common statutory situations of marital breakdown include: bigamy or cohabitation with others; domestic violence or abuse, abandonment of family members; repeated bad habits such as gambling and drug addiction that cannot be corrected; separation for more than two years due to marital discord; and other circumstances that lead to the breakdown of marital affection. The main evidence for proving this includes: police reports, hospital diagnosis certificates, chat records and photos, witness testimonies, separation certificates, administrative punishment decisions, repentance letters, etc. If the evidence is insufficient, the court may rule against divorce. However, according to Article 1079, if the couple files for divorce again after a one-year separation following a ruling against divorce, the court shall grant the divorce. For more details, please refer to the following link:Divorce litigation and legal services for family disputes.

1. Problem background and typical scenarios

Parties often ask, "How can the judge believe that the relationship has broken down?" In practice, the breakdown of a relationship is rarely determined by a single party's statement, but rather requires objective evidence to form a closed loop. Typical scenarios include: one party committing domestic violence for a long time, with the victim reporting to the police and seeking medical treatment; one party cohabiting with others or committing bigamy, leaving photos and evidence of travel and communication; one party being addicted to gambling and drugs, with punishment records or drug rehabilitation records; the parties living separately for a long time due to marital discord, with one party moving out, renting a house, and providing community certificates; one party suing for divorce multiple times and being rejected, but still maintaining a cold war. Different situations require different evidence. Blind accusations without sufficient evidence are often difficult to be accepted by the court. For cases involving personal injury, reference can be made to relevant provisions.Legal services for personal injury and medical disputes.

II. Key points of dispute

  • The adaptability of evidence types: For domestic violence, police reports and diagnosis certificates should be submitted; for infidelity, an indirect chain of evidence involving communication and travel should be provided; for separation, a rental contract and community certificates should be submitted; and for bad habits, an administrative punishment decision should be provided.
  • The corroboration between pieces of evidence: A single piece of evidence is not very convincing. Only when the police report, medical records, neighbor's testimonies, and chat records corroborate each other can a complete chain of evidence be formed.
  • Standard of proof and discretion: According to Article 67 of the Civil Procedure Law, the burden of proof lies with the parties. The breakdown of the marriage relationship is deemed highly probable, and the more conclusive the evidence is, the more likely it will be admitted by the court.

III. Professional analysis by Henglue Law Firm

From the practical experience of handling family cases by Henglue Lawyers, the difficulty in proving the breakdown of a relationship lies not in the legal provisions, but in the organization of evidence. Many clients hold chat screenshots but lack a timeline and corresponding relationships with the subjects, or only have oral statements without third-party corroboration, which makes their claims difficult to be accepted. From a professional perspective, the dispute should first be classified into the statutory circumstances listed in Article 1079, and then the evidence should be matched item by item: domestic violence corresponds to police reports and diagnoses, bad habits correspond to punishment decisions, separation corresponds to evidence of residence and communication, and bigamy or cohabitation corresponds to clues of identity and common life. At the same time, for cases where divorce has not been granted on the first attempt, evidence of separation for more than one year should be fixed simultaneously to pave the way for a second lawsuit. Organizing the evidence into a three-step format of "circumstances - evidence - proof purpose" is the key to improving the acceptance rate. For property arrangements involving separation, reference can be made to relevant cases.Real estate sales and construction project services.

IV. Practical suggestions and legal basis

Legal basis: Article 1079 of the Civil Code (effective January 1, 2021) stipulates that the court shall mediate in divorce cases. Where the marital relationship has indeed broken down and mediation fails, the divorce shall be granted, and circumstances such as bigamy, cohabitation with others, domestic violence, abandonment, persistent bad habits, and separation for more than two years due to marital discord shall be listed. If the court rules against the divorce and the parties separate again for more than one year or the party files a lawsuit again, the divorce shall be granted. Article 67 of the Civil Procedure Law (amended in 2023) stipulates that the parties shall be responsible for providing evidence for the claims they put forward. Practical advice: Report domestic violence to the police and seek medical treatment immediately; when discovering infidelity, pay attention to preserving communication and travel records but avoid illegal evidence collection; keep rental contracts and community certificates during separation; collect punitive decisions for bad habits; try to form a timeline of evidence and corroborate each other, and if necessary, apply for a court investigation order. You can consult for more details.Creditor-debtor relations and enforcement case servicesTeam assistance.

5. Henglu Law Firm's Reminder

The key to proving a marital breakdown lies in "early fixation, systematic organization, and adaptation to the situation". Don't wait until just before filing a lawsuit to find evidence at the last minute. Many key materials (such as police reports and diagnostic certificates) have a time limit. It is recommended to sort out the evidence list according to the statutory circumstances, fill in the missing items one by one, and determine under professional guidance which evidence needs third-party corroboration and which can be requested by the court to retrieve. Even if the first divorce petition is not granted, it is necessary to continue collecting evidence of subsequent separation and deterioration of the marital relationship, prepare for a second lawsuit, and consult a professional organization for experience in handling family law cases.

VI. Frequently Asked Questions

Q1: If there's no evidence of them being caught in the act of adultery, can infidelity be used as evidence of a broken relationship?

Yes, but it requires forming an indirect chain of evidence. When the court determines that there is bigamy or cohabitation with others, and then concludes that the marriage has broken down, it does not require direct evidence such as "catching the other party in the act of adultery". Instead, it can combine communication records, travel trajectories, evidence from jointly-occupied properties or neighbors, consumption and transfer records, apology letters or screenshots admitting to chatting, etc. to prove the high possibility of the other party having a continuous and stable cohabitation or intimate relationship with an extramarital partner. Single ambiguous chat messages have limited persuasive power and should be corroborated with facts such as separation and the other party's long-term absence from home. When collecting evidence, attention should be paid to its legality, avoiding methods that may be excluded, such as illegal intrusion and secretly filming private spaces. If necessary, apply for a court investigation order to retrieve relevant records.

Q2: What evidence do I need to prepare for a divorce due to domestic violence?

When seeking justice for domestic violence, it is essential to secure three types of core evidence as soon as possible: first, police reports and case acceptance notifications, which can prove the time and perpetrator of the violent incident; second, hospital diagnosis certificates, injury photos, and medical records, which can demonstrate the consequences of the injury; third, injury appraisal opinions (when the injury constitutes a minor injury or higher). In addition, assistance records from women's federations, community or neighbor testimonies, repentance letters or guarantee letters from the perpetrators, photos of damaged items, and records of protection order applications can provide supplementary evidence. The evidence should ideally form a "time-event-consequence" chain, corresponding to the domestic violence scenarios described in Article 1079 of the Civil Code, and provide a basis for subsequent claims for damages and child custody preferences. When necessary, legal representation can be sought.Creditor-debtor relations and enforcement case servicesThe team assisted in the investigation and evidence collection.

Q3: How to prove that we have been living apart for more than two years due to marital discord?

After being separated for two years, it is necessary to prove that the separation is due to "irreconcilable differences" and "continuous separation", rather than objective reasons such as work or medical treatment. The following documents can be submitted as evidence: a rental contract or proof of the new address where one party has moved out of the original residence; utility bills showing that the two parties live separately; certificates from the community, property management, or neighbors confirming that the two parties live separately; WeChat or email messages confirming the separation and the deterioration of the relationship; proof that one party works in another city but does not live with their spouse (to rule out accidental separation). It is important to maintain a continuous timeline and avoid any interruptions. If the parties temporarily live together and then separate again, the separation period may be recalculated. After gathering all the necessary evidence, the party can claim that the marriage has broken down according to Article 1079, paragraph 4 of the Civil Code. For cross-cutting issues regarding property division, please refer to the relevant provisions.Inheritance succession and family property division services.

Q4: If the other party has gambling and drug addiction habits, how can I provide evidence of this?

The repeated failure to correct bad habits constitutes a statutory ground for divorce, and the evidence shall primarily be based on public authority records: administrative punishment decisions issued by public security organs, orders for community drug rehabilitation or compulsory isolation drug rehabilitation, criminal judgments; drug rehabilitation certificates or relapse records issued by drug rehabilitation institutions; written materials issued by units or communities regarding the handling of bad behaviors; testimonies from creditors or relatives proving that the other party owes debts due to gambling and refuses to correct his/her behavior; and relevant consumption and loan records may also be used as supporting evidence. Mere verbal claims that the other party gambles or abuses drugs are difficult to be credible, and priority should be given to obtaining credible punishment or judicial documents. If there is also domestic violence or property squandering caused by bad habits, these may be claimed together, and the provisions of Article 1092 of the Civil Code regarding the transfer and squandering of property shall be applied accordingly. If necessary, an application for property preservation may be made.

Q5: If the first divorce lawsuit does not result in a divorce judgment, what should I do next?

After the judgment disallowing the divorce, efforts should be made to create conditions for a second lawsuit. According to Article 1079 of the Civil Code, if the couple has been separated for more than a year and one party files for divorce again, the court shall grant the divorce. Therefore, the key is to continuously fix the evidence of the separation for more than a year: maintaining separate living arrangements, keeping rental and community certificates, reducing traces of living together; continuing to collect materials that were not fully proven before, such as domestic violence, infidelity, and bad habits; and avoiding easily withdrawing or settling the case, which may lead to a disruption of the timeline. At the same time, preparations can be made for child custody and property division. After waiting for one year and filing for divorce again, it is usually possible to obtain a judgment granting the divorce more smoothly. If necessary, an application for preservation of property may be made for property investigation.

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