How to deal with the divorce where the man has domestic violence?

If the man has domestic violence, the woman wants to get a divorce first. If negotiation fails, evidence of domestic violence can be collected without fault, including hospital medical records, alarm records and corresponding evidence of previous domestic violence, and divorce proceedings can be filed with the court. If the man commits domestic violence, the woman can file for divorce through agreement or bring a lawsuit to the court. If the man does not agree to divorce, the woman needs to collect evidence of the man's domestic violence and claim damages. If the court finds that domestic violence has caused the relationship between husband and wife to break up and there is no possibility of reconciliation, divorce will be granted. If you are subjected to domestic violence, you should call the police, and the police station's police record can be used as evidence. The degree of domestic violence can also be proved by outpatient and inpatient cases in hospitals. If one of the spouses is divorced due to domestic violence, when dividing the divorced property, the personal property and the marital property should be divided first. Husband and wife's personal property generally does not participate in the division of husband and wife's property. Under normal circumstances, only the property of both husband and wife will participate in the division of property.

People's Republic of China (PRC) Civil Code

Street 1042. Arranging, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to ask for property through marriage. Bigamy is prohibited. Spouses are prohibited from living together with others. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.

Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.

How to obtain evidence for domestic violence divorce

The process of collecting evidence of domestic violence is:

1, witness testimony;

2. After the domestic violence, if you report to the police, then the police will have a police record. Usually the police have a set of legal procedures to deal with domestic violence. Generally, the police will ask the perpetrator and the victim separately at the police station and make a record;

3. Go to the hospital in time after suffering from domestic violence. The hospital's diagnosis certificate and treatment credentials can be used as evidence of domestic violence;

4. If the victim has complained to the Women's Federation about the violence of family members, and the comrades of the Women's Federation have also handled the matter and sought mediation from the other party, then the women's Federation can not only have original work records, but also issue separate documentary evidence about the domestic violence that once occurred;

5. If such problems have been reported to the residents' committee or villagers' committee, the relevant institutions can also issue documentary evidence;

6. If the victim has sought help from both parties or one party's work unit, the leader of the work unit can also issue documentary evidence for him on behalf of the unit, and of course, it can also take the form of lawyer investigation;

7. If there is a dispute between the victim and the perpetrator, and there is a general memory, then this general memory can also be used as evidence of seizure, or when the two sides talk about divorce or compensation, the other party does not deny the violence during the discussion. A complete recall is also possible;

8. After the occurrence of domestic violence, if the other party has written a letter of guarantee, confession, commitment and other documents, these written materials to ensure that the violence will not happen again can also be used as evidence.