The husband of a legal couple cheats and has a child with his mistress
The man of a legal couple cheats and has a child with his mistress. If one of the legal couples cheats, it usually does not violate the law and is a moral aspect. Cheating on one side of a couple is usually considered by the law as a breakdown in the relationship between the two parties. Here is an introduction to legal couples where the man cheats and has a child with his mistress.
The man in a legal couple cheated and had a child with his mistress 1
1. From a criminal perspective, the man has been having children with his mistress after cheating. If it is found that the man cheated, it should constitute bigamy, and the wife can She chose to file a private prosecution with the People's Court for the crime of bigamy against her husband.
2. From a civil perspective, my country’s current marriage law stipulates that only the couple’s sex and property can be divided during divorce. The so-called joint property of husband and wife refers to the property owned jointly by husband and wife during the existence of the relationship between husband and wife. The so-called duration of the relationship between husband and wife refers to the period of time after the couple gets married and before the death or divorce of one party. During this period, unless there is an agreement, the property between the husband and wife is the property of the husband and wife.
Article 46 of my country's Marriage Law stipulates: "If one of the following circumstances leads to divorce, the party without fault has the right to claim damages: (1) Bigamy; (2) There is a spouse (3) Carrying out domestic violence; (4) Abusing or abandoning family members."
Therefore, if the woman investigates and collects evidence that the man has an extramarital affair, which is enough to prove that the man is at fault, she can request the people's court to favor the division of property on the basis of a divorce judgment. If the property is divided more, she can also Request the people's court to order the party involved in the extramarital affair to compensate for losses. But this does not mean that any property cannot be divided as long as the other party is at fault.
What should I do if my husband cheats on me and has a mistress?
If my husband cheats on me and has a mistress, if the woman can’t bear it, she can choose to file for divorce. At the same time, the woman can also sue for the crime of bigamy, divide the couple's sexual intercourse and property, and the man will compensate. In other words, if you go through legal proceedings for divorce, it is best to hire a lawyer to litigate and let the man clean up and leave the house. If the woman has a child of her own, she must fight for custody rights. It should be noted that if you want to file a lawsuit, you must collect evidence of the man’s cheating.
2. What should I do if I cheat in marriage and want a divorce?
1. Divorce by agreement
Divorce by agreement means that both parties go to the marriage registration agency A way to go through divorce procedures and obtain a divorce certificate. In this case, if both parties reach an agreement on divorce-related matters, they can go directly to the marriage registration authority to handle divorce procedures. Both spouses can go to the marriage registration agency to handle divorce procedures on their own. The marriage registration agency will issue a divorce certificate after confirming that both parties are indeed voluntary and that the child custody relationship and property issues have been properly handled.
2. Litigated divorce
Litigated divorce means that when the couple cannot reach an agreement on divorce issues (whether to divorce, property division, child support, etc.), one party files a lawsuit in court and requests the court to A way to decree a divorce. That is, if the two parties cannot reach an agreement and cannot divorce by agreement, the party claiming divorce can file for divorce in a people's court with jurisdiction and can make claims on matters such as child support and property division. When hearing a divorce case, the people's court must first conduct mediation. After it is found that the relationship between the parties has truly broken down and the mediation is ineffective, it will make a decision to grant the divorce and make a judgment on issues such as the husband and wife's shared property and child support.
3. Property division in cheating divorce
The principle of property division is to take care of the non-fault party. Claiming for divorce damages must be based on divorce (divorce by litigation or divorce by agreement). If the parties do not file for divorce and only file a request for damages, the people's court will not accept the case. If the parties file a lawsuit for divorce and the court rules that the divorce is not allowed, those who have the right to claim divorce damages will not be supported.
Through the above analysis, we can know that if the husband cheats on his wife and has a child, the woman can choose to file for divorce. At the same time, if the man also commits the crime of bigamy, the woman can also prosecute herself.
In addition, if the husband and wife divide their sex and property after divorce, the woman can also ask the man for compensation.
If a couple has a child outside the home
If the couple cannot bear to sue for divorce and sue the other party for bigamy, the husband must pay compensation when the couple divides the marriage and property. Individual property owned before marriage is owned by the individual. The Marriage Law has only one stipulation on the ownership of pre-marital property, but it is very clear, that is: pre-marital property is owned individually by one spouse. The personal property of husband and wife is the property for independent use by both husband and wife. Both husband and wife have independent rights to manage, use, profit and dispose of all their personal property, and others are not allowed to interfere. Even in the event of divorce, the personal property of one spouse Nor will they participate in the division of divorce property.
However, according to the relevant laws and judicial interpretations of our country, after a couple divorces, if one party really has difficulties in living, the other party should provide appropriate assistance from his or her personal property. Subsidy to the party in difficulty shall be paid in cash and materials from the personal property of the other party. If there is no house after the divorce, the party shall also enjoy the right to use or own the house. The "living difficulties" stipulated here include "depending on personal property and property divided during divorce", "having no housing after divorce", etc. II. Marital property must be divided upon divorce. The general principle of dividing the same property between husband and wife in divorce is: equal distribution.
However, due to the complexity of life, it is difficult for couples in life to achieve equal conditions. There will always be a weak party, a cheating party, a domestic violence party, etc. Therefore, when dividing the property of a husband and wife after they are married, the property must be divided according to the principles of taking care of the woman, taking care of the non-fault party, taking care of the child-rearing party under the same conditions, and making it easier for the husband and wife to live together. Therefore, the division of marital property is not as simple as stipulated by law. When dividing the joint property of husband and wife, specific circumstances must be analyzed and divided according to the actual situation of both parties.
If you have an affair and have children, you can choose divorce by agreement or divorce through litigation.
There are two ways of divorce: divorce by agreement and divorce by litigation, each with its own characteristics. The parties can choose according to their actual situation.
1. Divorce by agreement
The advantage of divorce by agreement is that it saves time and money. Generally speaking, if the documents are complete, the divorce procedures can be completed in about half an hour. However, the requirements for divorce by agreement are relatively strict. For divorce by agreement, both spouses must reach an agreement on the meaning of divorce, property division, child support and other issues.
2. Litigation Divorce
When one spouse unilaterally files for divorce and the other spouse does not agree to the divorce, or although both parties agree to the divorce, they are unable to agree on the division of property and child support, education, and medical expenses. If no agreement is reached on other issues, the parties may file a divorce lawsuit in the People's Court. Litigating for divorce is relatively time-consuming and laborious, but it is a necessary step if the parties are unable to reach a divorce agreement.
"Marriage Law of the People's Republic of China and the People's Republic of China"
Article 32 If a man and a woman who are suing for divorce request a divorce, they may have it mediated by the relevant departments, or they may directly petition the people Divorce proceedings were initiated in court.
When hearing a divorce case, the people's court should conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce should be granted.
If mediation fails under any of the following circumstances, divorce shall be granted:
(1) Bigamy or a spouse living with another person;
(2) ) Those who commit domestic violence or abuse or abandon family members;
(3) Those who refuse to change their bad habits such as gambling and drug abuse despite repeated admonitions;
(4) Those who have been separated for more than two years due to emotional discord;
(5) Other situations 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.
"Marriage Law of the People's Republic of China"
Article 31 Divorce shall be granted if both men and women voluntarily divorce. Both parties must go to the marriage registration office to handle divorce procedures.
The marriage registration agency will issue a divorce certificate after confirming that the divorce is voluntary and that children and property issues have been properly handled.
The man in a legal couple cheated and they had a child 3
The man’s cheating caused the couple’s relationship to break up. How should the property be divided during divorce?
According to the provisions of the "Marriage Law", if a divorce is caused by the man's cheating, the division of marital property should comply with the following legal guidelines.
According to the provisions of my country’s Marriage Law and its judicial interpretations on the division of property in divorce, both men and women must take care of the woman under the same conditions, take care of the party with disabilities or difficulties in life, and take care of the party who is not at fault. Therefore, if the husband cheats and has an extramarital affair, the woman should be taken care of when dividing the property. So, what is the at-fault party, and in which case is the at-fault party?
1. How to determine fault?
The legal identification of fault is:
1. In the case of bigamy, the fault party must be in a state of marriage with the third party, that is, there is a state of marriage.
2. Those who have a spouse live together with others, and those who have a spouse live with the opposite sex outside of marriage, and live together continuously and stably in the name of husband and wife.
3. Domestic violence, according to the judicial interpretation of the Supreme People's Court, refers to: the perpetrator inflicts physical, mental, etc. Behavior that causes certain harm; continuous and frequent domestic violence constitutes abuse.
4. Abuse and abandon family members. It must be a long-term act of abusing and abandoning family members, such as not treating illnesses, not feeding them, ignoring them, etc.
Therefore, as we usually say, one-night stands, adultery, prostitution, etc. are not considered faulty behaviors. When dividing property in a divorce, the injured party will generally be taken into consideration according to the situation. (Tips for a happy marriage)
2. How to prove that the man has cheated
1. The court ruling implements the principle of whoever claims it and who gives evidence. If one party claims that the other party is having an affair or extramarital affair, he must provide evidence to prove it. If the evidence cannot be provided, the court will not accept it.
2. There is usually a lot of evidence to prove extramarital affairs, but it is different from what ordinary people understand. You may have seen it with your own eyes, but not in court, and neither have lawyers, so relying solely on Words cannot prove an extramarital affair unless the other party admits it personally in court or writes a letter of guarantee to you not to cheat.
3. The evidence obtained can prove extramarital affairs, but please note that the more evidence, the better. A single piece of evidence is too isolated and often cannot be used by the court.
(1) Nude photos and videos of men and women in bed must be obtained legally, and evidence obtained illegally does not count.
(2) One party writes a cheating guarantee letter, admitting his mistake and repenting.
(3) QQ chat records, room reservation records, and intimate photos. Phone records, text message records, etc.
3. How to divide property after divorce if husband cheats?
Based on the above situation, we must first determine whether the husband's cheating behavior is at fault, and deal with it in accordance with the law on the premise of taking care of the non-fault party. If not, then the property division will not be much different from the ordinary divorce property division. If you are the at-fault party in remarriage or cohabitation, when dividing property, the court will comprehensively consider the impact of the cheating party on the marriage, and divide the property fairly on the basis of taking care of the woman.
The husband’s cheating leads to divorce, and he should be compensated when dividing the marital property. However, you need to file for divorce according to legal channels, so that you can better protect your legitimate rights and interests.