Recently, the Chongqing court concluded a divorce dispute case. It is reported that a woman dated a strange man during the cooling-off period of divorce. After the man found out, he thought that the woman had betrayed herself during the marriage, so he sued for divorce and demanded that the woman compensate for mental damages of 6,543,800 yuan. The woman thinks that she is in the cooling-off period of divorce and has not cheated. Finally, the court ruled that the woman compensated the man for 6000 yuan.
I think this woman has a shallow legal consciousness and thinks that she can "do whatever she wants" by submitting a divorce application and being in the cooling-off period of divorce. Second, she is too impatient. We don't know whether she found someone before the divorce or during the cooling-off period. Anyway, she became brazen and felt that she was single again and could continue to pursue "true love".
There was no cooling-off period for divorce before. As long as both parties agree to divorce and cannot mediate, they can go through the divorce formalities on the spot. However, in recent years, the number of divorces has gradually increased, while the number of marriages has gradually decreased. Therefore, the Ministry of Civil Affairs adjusted the marriage registration procedure and added a cooling-off period to the divorce procedure of 202 1 1.
The cooling-off period for divorce is one month. Couples who want to divorce because of emotional breakdown or other reasons need to go to the Civil Affairs Bureau for application-acceptance-cooling-off period-review-registration (issue a certificate). The requirement of the cooling-off period of divorce is that the government forces both parties to consider for a period of time before deciding whether to continue the divorce (unless the court directly decides the divorce).
Within thirty days after the expiration of the cooling-off period, the two should go to the marriage registration office in person to apply for a divorce certificate; If you don't apply after the cooling-off period, you will be deemed to have automatically withdrawn your application for divorce registration. The introduction of this measure has indeed saved many families who want to divorce. After all, many people divorce on impulse, but it is inevitable that some people will find a good partner during the cooling-off period. I don't know whether to play dumb or "can't stand loneliness."
This news in Chongqing is not a case. In August 2022, a woman in Yuyao caught her husband cheating on the spot. The husband feels that no matter who he is with during the cooling-off period, it is his own freedom, and it is not his wife's turn to manage it. The wife thinks that she is not officially divorced and has the right to take care of it. Her idea is correct.
Because article 1077 of China's Civil Code stipulates that the cooling-off period of divorce is only that both husband and wife have applied for divorce registration, but they have not formally registered for divorce, which is not a formal divorce and has no legal divorce effect. During the cooling-off period of divorce, both parties are still legally married and have legal effect. Both sides should be loyal to each other. If one party cohabites with the opposite sex outside marriage or commits deviant behavior, the innocent party has the right to claim damages.
Therefore, everyone knows that finding a partner during the cooling-off period of divorce is also cheating! You must keep your bottom line. If a marriage can't continue, it is reasonable and legal to wait for a real divorce before finding the other half. But what I want to say is that marriage is not easy, so we should cherish it. No matter who you live with, there will always be contradictions over time. If you don't touch the principle, you might as well think calmly and don't divorce impulsively.