Generally speaking, cheating in marriage does not violate the law and belongs to the moral category. However, if the derailed party lives with others in the name of husband and wife, it is suspected of committing bigamy and will face criminal punishment.
Related case: Zhang, a 35-year-old "absurd bigamy farce" in Kunshan City, Jiangsu Province, took advantage of the loopholes in the inter-provincial marriage system to marry three wives in Jiangsu, Henan and Anhui provinces, and they all gave birth to a child. Three wives were arranged by Zhang in three communities one kilometer away. However, paper can't hold fire after all. The second wife, Ms. Chen, first discovered her husband's "catty" and reported her husband's bigamy to Kunshan police. After verification by the police, she was transferred to the procuratorate for review and prosecution.
After examination according to law, the procuratorate believes that the suspect Zhang has a spouse and bigamy, which violates Article 258 of the Criminal Law of People's Republic of China (PRC). The facts of the crime are clear, and the evidence is true and sufficient. He should be investigated for criminal responsibility for bigamy and finally prosecuted.
If you only cheat occasionally, it's just a moral problem and it doesn't constitute a crime. If you sue for divorce because of derailment, you can ask the other party to bear the liability for fault compensation.
If a husband and wife cheat, it is usually legally recognized that the relationship between the two parties is broken. If divorce is sued at this time, even if the defendant does not agree to divorce, if the plaintiff insists on divorce, the court will generally decide divorce.
Divorce due to infidelity, in principle, does not affect the division of * * * and property. Only Article 47 of the Marriage Law stipulates that when one party conceals, transfers, sells or destroys the property jointly owned by husband and wife, or forges debts in an attempt to seize the property of the other party, the party who conceals, transfers, sells or destroys the property jointly owned by husband and wife or forges debts may divide the property jointly owned by husband and wife when dividing the property jointly owned by husband and wife.
However, the cheating behavior of one party violates the faithful obligation of the marriage law, so the innocent party can ask the wrong party to compensate for the losses. This can be found in real cases in judicial practice.
Finally, cheating does not affect the acquisition of child custody.
Legal basis:
Article 46 of the Marriage Law of the People's Republic of China
In case of divorce under any of the following circumstances, the innocent party has the right to claim damages:
(1) Bigamy;
(two) a spouse living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members.
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