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实践中,诉讼需要讲究技巧,而诉讼技巧需要有证据的全力支持。离婚诉讼也不例外,“如何取证”便是其中的关键之处。一、证明当事人(原、被告)诉讼主体资格的证据:1.证明原被告是夫妻关系的证据,如结婚证、婚姻证明、户口簿及身份证等。2.如涉及构成事实婚姻的,应提交居委会或村委会出具的证明。3.证明被告下落不明的,应提交被告住所地、经常居住地村委会、居委会或公安机关的证明。二、证明婚姻关系破裂的证据:1.如涉及家庭暴力,应提交报警记录、法医鉴定及证人证言。2.如涉及吸毒、赌博行为的,应提交居委会、村委会或公安机关出具的证明;涉及行政处罚、刑事犯罪的,应提交有关处罚决定或判决书。
In practice, litigation requires skill, and litigation skills require the full support of evidence. Divorce proceedings are no exception, “how to obtain evidence” is one of the key points. I. Evidence of the Qualification of the Litigant (Original and Defendant): 1. Evidence that the defendant was the evidence of marital relationship, such as marriage certificate, marriage certificate, residence booklet and ID card, etc. 2. If it is involved in the de facto marriage, it shall be submitted to the neighborhood committee or village committee to prove. 3. Evidence that the defendant’s whereabouts are unknown should be submitted to the defendant’s place of residence, often living in the village committees, neighborhood committees or public security organs to prove. Evidence of breakdown of marital relationship: 1. In the case of domestic violence, alarm records, forensic evidence and witness testimony should be submitted. 2. If drugs and gambling activities are involved, they should be submitted to the neighborhood committees, village committees or public security organs to prove; involving administrative penalties, criminal offenses, should be submitted to the decision of punishment or verdict.