Traditional Culture Encyclopedia - Hotel accommodation - Can I check the hotel records for divorce?

Can I check the hotel records for divorce?

You can't check hotel records when you divorce:

1. When suing for divorce, one spouse applied to the court to check the other spouse's room opening record in the hotel, and the court ignored it;

2. If one spouse suspects that the other spouse has sexual relations with others, he can find someone to arrest him or collect evidence through audio and video recording;

If one spouse suspects that the other spouse is whoring in the hotel, it should be a matter for the police. This is not a matter for the court;

If one spouse wants to divorce, it depends on whether the relationship between husband and wife is broken. If a husband and wife sue for divorce, they shall apply to the court.

Generally, divorce will not check hotel records, but if the party suing for divorce needs to collect the other party's hotel records through legal procedures. For example, when divorcing, you can apply to the people's court for opening hotel records, which will be investigated and collected by the people's court. When one party sues for divorce, it is necessary to collect evidence of marital relationship breakdown, and the record of opening a house belongs to personal privacy. The parties have no right to ask the hotel to provide public records, but they can apply to the court to collect evidence, and the court will decide whether to agree or not. It should be noted that hotel check-in records can be used as indirect evidence of one spouse's extramarital affairs, but the party providing evidence must prove the authenticity and legality of the evidence, and at the same time, it must be combined with other evidence to determine that it has had an extramarital affair with a third party.

Where to sue for divorce:

1. Divorce proceedings shall generally be filed with the people's court where the defendant is domiciled, but the following proceedings shall be under the jurisdiction of the people's court where the plaintiff is domiciled; Where the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence:

(1) Identity litigation against people who do not live in the territory of People's Republic of China (PRC);

(2) an identity relationship lawsuit filed against a person whose whereabouts are unknown or who is declared missing;

(3) A lawsuit brought against a person who has been reeducated through labor;

(4) Proceedings against prisoners.

2. A case in which one spouse has left his domicile for more than one year and the other spouse brings a divorce suit shall be under the jurisdiction of the people's court of the plaintiff's domicile. If one spouse has left his domicile for more than one year, the divorce case filed by one spouse shall be under the jurisdiction of the people's court of the defendant's habitual residence; If there is no habitual residence, it shall be under the jurisdiction of the people's court where the plaintiff has his domicile at the time of prosecution.

To sum up, divorce can't be checked in hotel records. You can apply to the court for an investigation order, but the court will not agree to investigate the other party's room opening record, because this situation involves personal privacy and has little to do with the case. The divorce agreement shall specify the intention of both parties to divorce voluntarily, and reach an agreement on matters such as child support, property and debt disposal.

Legal basis:

People's Republic of China (PRC) Civil Procedure Law

Article 66

Evidence includes:

(a) Statements of the parties;

(2) Documentary evidence;

(3) Physical evidence;

(4) Audio-visual materials;

(5) Electronic data;

(6) Testimony of witnesses;

(7) Appraisal opinions;

(8) Records of the inquest.

Evidence must be verified before it can be used as a basis for ascertaining facts.