How to judge a mistress who cheated in marriage? In the face of her husband's cheating after marriage, the original match thinks that her husband is responsible, but many original matches think that Xiao San is also responsible and needs to bear the responsibility. Let's take a look at how to judge the mistress who cheated in marriage.
How to judge 1 for infidelity in the third marriage? If she doesn't know, she won't be punished. If Xiaosan marries a spouse knowing that she has one, which constitutes bigamy, she will be required to bear criminal responsibility and be punished, and will generally be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Legal basis:
Article 1048 of the Civil Code
Lineal blood relatives or collateral blood relatives within three generations are prohibited from getting married.
Paragraph 2 of Article 1042
Bigamy is prohibited. Spouses are prohibited from living together with others.
Article 105 1
In any of the following circumstances, the marriage is invalid:
(1) Bigamy;
(2) Having a family relationship that prohibits marriage;
(three) did not reach the legal age for marriage.
Article 258 of the Criminal Law
Whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
How to judge a mistress who cheated in marriage? If the man lives with others during the marriage, the woman can sue for divorce and claim compensation according to law.
If the man does not go through the marriage registration formalities with a third party again on the premise of being married, it does not constitute bigamy, and the third party has no legal responsibility.
Bigamy refers to the act of marrying someone who has a spouse or knowing that someone else has a spouse. The so-called spouse means that a man has a wife and a woman has a husband. This relationship between husband and wife still exists without legal procedures, that is, a person with a spouse; If the relationship between husband and wife has been dissolved, or the relationship between husband and wife naturally disappears due to the death of one of the spouses, it is no longer a spouse.
The so-called marriage knowing that someone else has a spouse means that although I have no spouse, I know that the other person has a spouse and marry him (including registered marriage or de facto marriage). This kind of behavior is an act of deliberately destroying other people's marriage.
Article 258 of the Criminal Law of People's Republic of China (PRC) stipulates: "Whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention."
Article 1079 of the Civil Code: If one of the husband and wife requests a divorce, the relevant organization can 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.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
Article 109 1 If the divorce is damaged due to the consistency of the following circumstances, the innocent party has the right to claim damages:
(1) Bigamy;
(2) Living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members;
(five) there are other major faults.
How to judge a mistress who cheated in marriage? There is no explicit provision for compensation. Both parties can negotiate. If negotiation fails, there can be a court decision.
In case of divorce under any of the following circumstances, the innocent party has the right to claim damages:
1, bigamy;
2. Spouses cohabit with others;
3, the implementation of domestic violence;
4. Abuse or abandonment of family members.
It should be noted that only those who are not at fault have the right to claim damages. In some cases, if one party cheated in marriage, but the other party was also at fault, it is impossible to get court support for claiming damages at this time. It is generally believed that the innocent party in the divorce caused by infidelity should be the innocent party in the relative sense. For example, if the husband (wife) outsourcing and keeping a mistress (husband) after doing business leads to divorce, the wife (husband) has the right to claim damages for divorce.
Compensation for mental damage in divorce refers to the civil liability that the innocent spouse should bear when one spouse infringes on the legitimate rights and interests of the other spouse, causing mental damage and trauma to the innocent spouse, leading to the breakdown of the marriage relationship. It is not easy to obtain divorce damages, and the following four conditions need to be met:
1. There must be damage facts, which is the premise of all tort liability. Without damaging the facts, there is no basis for taking responsibility.
2. The illegal act of the wrong party refers to the violation of the mandatory provisions of relevant laws, namely the above four situations.
3. In the compensation for divorce mental damage, there must be a causal relationship between the illegal behavior of one spouse and the damage facts. That is, the illegal behavior of one spouse is the reason why the other spouse's spiritual interests are damaged because of divorce. If the wrong behavior does not lead to divorce, divorce damages are not applicable.
4. The derailed party has subjective errors.
Legal provisions:
People's Republic of China (PRC) Civil Code:
Article 109 1 If the divorce is damaged due to the consistency of the following circumstances, the innocent party has the right to claim damages:
(1) Bigamy;
(2) Living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members;
(five) there are other major faults.
If the handling of the relevant situation is not clear, you can consult a lawyer to define it.