Criteria for judging legal infidelity

When the court determines whether the cheating party has cheated, it mainly relies on the evidence provided by the other party. Including: intimate photos, videos, and room opening records of the cheating party and the third party outside the marriage; witness statements; letters of guarantee and repentance written by the cheating party; and even the children of the cheating party and the third party outside the marriage, etc. , can be used as evidence for the court to determine whether the cheating party has cheated.

If an extramarital affair occurs, specific analysis of the specific situation is required: 1. If both spouses are unwilling to divorce, they can continue to maintain the marriage; 2. If both parties agree to divorce, they can reach an agreement and bring relevant materials to the marriage registration office for divorce registration; 3. If one party wants a divorce and the other party does not agree to the divorce, they can If you file a divorce lawsuit with the court, the court will make a judgment in accordance with the law. At present, there are no legal provisions on the handling of "extramarital affairs". Only moral condemnation can regulate the behavior of these people. However, if a third party has bigamy with another person, he can sue the other party for bigamy. However, if the extramarital affair constitutes bigamy, it constitutes a crime and is subject to criminal punishment. Moreover, bigamy is a statutory fault, and only those without fault can claim divorce damages during divorce.

The materials required for divorce proceedings are as follows: 1. The original identity card of the plaintiff, which will be returned to the plaintiff after review; 2. Proof of the relationship between husband and wife, generally a marriage certificate and marriage status certificate issued by the marriage registration authority; 3. If it is proved that the couple * * * owns common property, the property list can generally be submitted, but it can also be submitted at the court session; 4. If there are children, the child's birth certificate and household registration book should also be submitted; 5. If it is the second time to file for divorce , the plaintiff will also issue a court judgment.

I hope the above content can help you. If in doubt, please consult a professional attorney.

Legal basis:

Article 63 of the Civil Procedure Law

Evidence includes:

(a) Each party’s Statement;

(2) Documentary evidence;

(3) Physical evidence;

(4) Audio-visual materials;

(5) Electronic Data;

(6) Witness testimony;

(7) Expert opinion;

(8) Inspection records.

Evidence must be verified before it can be considered factual.