1. In judicial practice, when determining that credit card debt is a joint debt of husband and wife, the main factor that the court considers is "whether credit card consumption is mainly used for the joint life of the family." If it is used Living together in the same family should be considered as the same debt; 2. Secondly, the burden of proof is on the party claiming that the credit card debt belongs to the same debtor: there are real consumption records, relevant original evidence, and the source of consumption Only when the evidence of the credit card is authentic, legal, and relevant can it be sufficient to prove that the credit card debt is a joint debt between husband and wife. With the continuous development of various consumption methods, parties must pay attention to the preservation and collection of evidence, otherwise they will bear the adverse consequences of being unable to provide evidence.
Legal basis:
"People's Republic of China and Civil Code"
Article 1,076 If both spouses voluntarily divorce, they shall sign a Make a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement should state the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt settlement.
Article 1,079 If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court.
When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.
If mediation fails under any of the following circumstances, divorce shall be granted:
(1) Bigamy or cohabitation with others;
(2) Domestic violence committed Or abuse or abandon family members;
(3) Have bad habits such as gambling and drug abuse and refuse to change despite repeated admonitions;
(4) Separated for more than two years due to emotional discord;
(5) Other situations that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court has ruled that divorce is not allowed, and the two parties have lived apart for one year, and one party files a divorce lawsuit again, the divorce shall be granted.