107, 65438+65438 learned from authoritative sources that all the judicial proceedings related to Wang's divorce case have ended, and the last divorce property division agreement came into effect after being signed by both parties. The insider revealed to the reporter that due to Ma Rong's fault in the marriage during the trial, the division of nearly 200 million yuan of husband and wife's property tilted towards Wang. "He got the property he deserved."
Most people have probably heard such a joke.
The boy said to the girl, "Who says you can't predict the future? At least I can know my child's surname in the future, but you are different. I don't know what your child's surname is! " "
Without thinking, the little girl replied loudly, "Hum, that's right! However, my child must be my child, and your child may not be! "
lol ...
Recently, a man in Wuxi suspected that his eldest son was not his own, but he had a paternity test in private, so he also had doubts about his youngest son and found that he was not. The man was angry and sued for divorce, demanding that both children be raised by the woman. The woman is only willing to give the eldest son a paternity test, and the younger son strongly disagrees.
As a lawyer who has practiced for many years and represented many divorce cases, I have encountered similar cases. Many men who don't know the truth are miserable and help Lao Wang next door to raise children. They found it early, some found it late, and lost the chance to have their own children.
Although Lao Wang next door is hateful, what is even more hateful is the pillow person who hides the real situation. How should he defend his rights in this situation?
If the child is not his own and is willing to accept this reality, the family can still live happily together. Seeing this, there is no need to look at the following.
If you really find that the child doesn't look like yourself, this is not the result you want, and you don't want to continue to endure it. If you feel that there is a fire in your heart to vent, then I advise you not to worry, not to panic, not to make trouble, not to make trouble.
First of all, we should collect samples that can be detected and contact the testing organization for testing. Of course, it can also be prosecuted directly through the court, and the court can directly designate an appraisal institution, but don't act rashly before there is relevant evidence. If you guess wrong, it will not only affect the feelings of husband and wife, but also affect their reputation. If there is no blood relationship through the test results of the institution, it is not too late to go to court for prosecution.
With preliminary evidence to prove that the child is not his own and he is unwilling to maintain this traumatic marriage, if he strongly demands to end his cuckold career as soon as possible, he will entrust a lawyer to sue for divorce.
What grounds can the court support in divorce cases?
Through a large number of case studies, we can see that:
First, you can ask for the return of alimony already paid.
Second, the child is raised by the woman.
Third, you can claim compensation for mental damage.
China's marriage law stipulates that husband and wife have the obligation of mutual loyalty. Among them, the duty of loyalty of husband and wife includes not having extramarital sex during the marriage relationship.
The child and the man are not related by blood, so the man has no legal obligation to raise the child, and the court should rule that the child should be raised by the woman.
(2) The woman's cheating and having children with others have caused serious mental damage to the man and violated his right to personal dignity. The man can ask the woman to compensate him for his mental damage.
(3) According to the provisions of Article 46 of the Marriage Law of China and the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Spiritual Damage in Civil Tort, the woman, as the wrong party, shall compensate the man for his losses and return the alimony paid.
In some cases, as mentioned above, women cheat in various ways. What should she do if she refuses to admit the appraisal made by the man in private and is unwilling to pass the appraisal institution designated by the court?
The second paragraph of Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates: "If one party files a lawsuit to confirm paternity and provides necessary evidence to prove it, and the other party refuses to do paternity test without evidence to the contrary, the people's court may presume that the claim of the party requesting paternity test is established."
Therefore, if the man can provide the necessary evidence to prove that there is no parent-child relationship, and the child is at the woman's place, and the woman does not cooperate with the paternity test, the court can directly infer that the parent-child relationship is not established.
In the above-mentioned case of the People's Court of Liangxi District, Wuxi City, it was finally decided that both children were raised by the woman, and the woman returned the child's support and medical expenses, and compensated the man for mental damages. However, if you want medical expenses, you must have the habit of keeping invoices like crosstalk performer Cao Yunjin, otherwise you can't ask them when you can't prove it.
Thank you for reading this article.
Some people may ask, why didn't the wrong party be punished in marriage? Every case is different. We need to analyze each case in detail. I hope that as a reader, you can provide us with more cases in which the woman is the wrong party in divorce and divides the property accordingly.