How to deal with common situations of marital infidelity

If it is discovered that one party has cheated in marriage, on the one hand, it reflects that there are certain problems in the relationship between the couple. As for whether the relationship between the couple has completely broken down, it can be based on one's own feelings in daily life. If you cannot accept the occurrence of this situation, you can choose to divorce. There are two ways to divorce. Both parties can sign a written divorce agreement after reaching an agreement on divorce, negotiation, child support, property and debt disposal, etc. ***Marriage registration is required If you cannot reach an agreement or one party is unwilling to divorce, you can choose to litigate for divorce. One party must present documents such as the indictment, ID card, and child certificate. Bring a copy of the indictment, marriage certificate, child birth certificate, child support evidence, and property evidence to the court and request the court to rule on divorce.

Legal Basis

Article 1076 Divorce by Agreement If a couple wishes to divorce voluntarily, they shall sign a written divorce agreement and go to the marriage registration authority in person to handle the divorce registration procedures.

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 1078: If the marriage registration agency believes that both parties are indeed voluntarily divorcing and have reached consensus on child support, property, debt settlement and other matters, they shall register the divorce and issue a divorce certificate.

Article 179 Litigation for Divorce If one of the spouses requests a divorce, the marriage may be mediated by the relevant organization, or a divorce lawsuit may be filed directly 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 or abuse or abandonment of family members; (3) Gambling, drug abuse and other bad habits that persist despite repeated admonitions; (4) Separation for more than two years due to emotional incompatibility; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. If one party is declared missing and the other party files for divorce, the divorce shall be granted. After the people's court decides that divorce is not allowed, and the two parties have lived separately for one year, and one party files a divorce lawsuit again, the divorce shall be granted.