Traditional Culture Encyclopedia - Hotel accommodation - Can divorce lawyers check hotel records?

Can divorce lawyers check hotel records?

1. Can a divorce lawyer check the hotel records?

1. Divorce lawyers are not allowed to view hotel records. The entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court to collect and obtain evidence or apply to the people's court to notify witnesses to testify in court. If the court investigates and collects evidence on its own, it may, on the strength of the lawyer's practice license and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.

2. Legal basis: Article 1079 of the Civil Code of People's Republic of China (PRC).

If one of the spouses requests a divorce, the relevant organizations 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.

Second, can divorce proceedings be handled by a lawyer with full authority?

Divorce proceedings can be handled by full-time lawyers. In general civil litigation cases, if there is a legal agent or an entrusted agent to appear in court, it is ok for the parties not to appear in court themselves. However, divorce cases have special provisions. Divorce litigation cases directly involve the personal relationship of the parties, and whether the relationship between husband and wife has really broken down is an important factor for the court to decide whether to divorce. However, the relationship between husband and wife is subtle, and even a specially authorized litigation agent cannot understand and accurately express the changes in the will of the parties in a specific environment. In order to safeguard the legitimate rights and interests of both parties to divorce proceedings, the law clearly stipulates whether the parties to divorce proceedings appear in court.