Legal analysis: It is illegal for an unmarried husband to live with a mistress. If it can be proved that husband and mistress have lived together for a long time, if the evidence is sufficient, the crime of bigamy between husband and mistress can be investigated. According to the law, long-term cohabitation between one spouse and others is the cause of divorce damages. Legal basis: Article 258 of the Criminal Law stipulates that a person who has a spouse commits bigamy or marries another person knowing that he has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
According to our country's law on men's infidelity, Article 258 of the Criminal Law of People's Republic of China (PRC) stipulates that bigamy refers to the act of marrying others with a spouse or knowing that others have a spouse.
The specific provisions of the Criminal Law stipulate that 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.
For the cheating party, the crime of bigamy must be punished, and it is also against the criminal law to marry a spouse knowing that he has one.
For women who are willing to be mistresses, they may also violate the criminal law and be punished. According to the experience of judicial practice, bigamy mainly involves three types:
1. After registering marriage with your spouse, register marriage with others and remarry. That is, bigamy of two legal marriages. People with spouses register marriage with others, bigamy cheats the marriage registry to get a marriage certificate, and bigamy colludes with the registry staff to get a marriage certificate.
2. If you register to marry your spouse, but you don't register with others to live together in a husband-and-wife relationship, it is remarried. This is the type of de facto marriage after legal marriage. De facto marriage is a kind of marriage relationship, which means that both men and women have an objective existence of permanent life subjectively, and objectively have the fact that they live together in the name of husband and wife without being registered by the marriage registration authority and obtaining a marriage certificate.
The type of factual marriage after marriage, that is, having a spouse, constitutes factual bigamy.
3. Without a spouse, but knowing that the other party has a spouse, register marriage or cohabitation in the name of husband and wife and remarry. In short, as an original wife, if the "bigamy" between husband and mistress cannot be proved, if mistress is pregnant, it is only in the category of moral adjustment. It is worth noting that if a man has a spouse and marries others to live together, he may be suspected of bigamy.
Ways to defend rights: first, if you want to divorce, you can sue your husband and mistress, and then you can get mental compensation; However, in terms of property division, both husband and wife should be prepared to take certain risks, in terms of property sharing and debt sharing. Second, if you don't divorce, you should think about how to save your marriage. You can consult a professional marriage emotional recovery institution. Third, if you want them to be punished by law and you can find evidence that the husband and mistress have lived in the name of husband and wife for a long time, then the husband constitutes bigamy. If mistress knows that your husband is married and still lives with him as husband and wife, then she also constitutes bigamy. It can play a very important role in solving marriage problems. Take action, work hard for your marriage and life again, and make yourself really happy. I hope I can help you, and you can continue to consult me about related issues ~? Ask me to be by your side all the time ~