Divorce litigation is a general civil litigation, and the principle of civil litigation is whoever advocates must provide evidence. If the plaintiff wants to sue, he must provide evidence. The police will only proactively collect evidence in criminal cases, whereas divorce is a civil matter. Even if the plaintiff applies to the court, the court judge will generally not collect chat records, and the judge has no right to collect the defendant’s communication records at all.
If it is closely related to the case, we will agree to retrieve the call records, but we cannot retrieve the content. Generally, we will not retrieve the online chat. The probative power is relatively weak and it is more difficult to use as evidence. We need to understand the specific situation to make an accurate analysis.
Process: 1. Write a civil complaint. In the first part, write down the name, gender, date of birth, nationality, and residence of the plaintiff and defendant. In the second part, write the litigation request. In the third part, write down the facts and reasons, and indicate when you will get married and when you will have children. Why divorce. It is best to print the complaint, but it must be signed by hand at the end;
2. File a lawsuit with the grassroots court (district or county court) where you live, and go through the filing procedures at the filing court;
3. Submit two civil complaints, marriage certificate, couple's ID card (at least bring your own), and the child's household registration book or original birth certificate when the case was filed. If there is property that needs to be divided by the court, you must also bring property-related evidence, such as real estate certificates, motor vehicle driving licenses, etc. Two sets of copies of evidence need to be submitted (one in the court file and one to the other party);
4. Pay the fee after review by the court where the case is filed;
5. Submit the payment note and Submit the materials to the court for filing and wait for notification to go home;
6. The court will arrange a hearing time for your case and serve copies of the complaint, evidence and other materials to the defendant. After serving the defendant, the defendant will be notified of the court date, and you need to go to the court to receive the court summons;
7. If the other party agrees to divorce, the court can require both of you to mediate (in civil cases in my country, mediation is a necessary procedure, and the court session You will not be asked to mediate before the trial, but you will be asked if you are willing to mediate during the court session). If the mediation is successful, a civil mediation letter will be issued. There are two types of mediation, you can mediate the divorce, or you can use your work to settle the case without divorce;
8. If mediation fails, a court session will be held. If mediation is not possible during the court session, a judgment will be made and a civil judgment will be issued.
9. The verdict may be divorce or inseparability. Generally, if the defendant files for divorce for the first time, the court will rule that the divorce is not allowed. Your friend can file for divorce again six months after the judgment takes effect.
Generally, in divorce cases, the court will not access the chat records of one party. However, the parties concerned can apply to the court or entrust a lawyer to retrieve the other party's chat records. However, the evidence provided by the records is not strong enough and more physical and documentary evidence needs to be collected.