First, how is the husband's derailed divorce property divided?
According to what is often said above, it is first clear whether the husband's infidelity belongs to the negligent personal behavior of the innocent party in the care of laws and regulations. Otherwise, it will be very different from the general divorce property division in the division of inheritance.
How to deal with the cheating of one spouse? If it is the crime of bigamy and the crime of living with others in fault liability, the people's court will consider the harm of the extramarital party to the marriage life when dividing the estate, and divide the assets fairly and justly on the basis of taking care of women.
Second, how to assess the fault?
The requirements of laws and regulations for negligence are:
1, the crime of bigamy needs to reach the situation that the injured party marries a third party, that is, there is married life.
2. Those who have a partner and live with others and have an affair with friends of the opposite sex in marriage will not settle down together smoothly in the name of husband and wife.
3. Domestic violence, according to the legal provisions of the Supreme Court, refers to: the personal behavior of the infringer that causes certain damage to the personal and spiritual essence of the main family members through violence, binding, persecution, compulsory restriction of personal freedom or other means; Persistent and habitual domestic violence constitutes abuse.
4. Abuse and abandonment of key family members. It must be a long-term abuse and abandonment of the personal behavior of the main family members, such as not treating, not feeding, and not taking care of these.
Therefore, as we often say, personal behaviors such as one-night stand, adultery and whoring are not negligent personal behaviors, and whether the injured party will be taken care of in the division of divorce property generally depends on the actual situation.
Criminal defense lawyer to fill in:
Three. Procedure for suing for divorce
1. Original materials that must be prepared: indictment (2 copies) and original materials of direct evidence (1-2 copies).
The raw materials for direct evidence include: a copy of the other party's identity document (some can be replaced by a copy of the household registration book or household registration information checked by the Public Security Bureau), the medical certificate of the birth of the child, and the certificate of property rights (real estate license, motor vehicle driving license, tax receipts for other assets, etc.). ), as well as other direct evidence (derailed video/photos, alarm filing, evidence of neighbors/relatives next door, recorded evidence, derailment guarantee, etc.). ). What is the omen for pregnant women to dream that their husbands are cheating and giving birth to boys and girls?
2. First instance prosecution
The prosecution of first instance is divided into summary procedure and ordinary procedure. Summary procedures usually last for three months, while ordinary procedures usually last for half a year.
After the first lawsuit is filed, or after the ruling that divorce is not allowed takes effect (the original judge must be asked to issue an effective confirmation), the lawsuit can be filed again six months later.
3. Court enforcement
If you are afraid of the other party's relocation of assets, you can file a court enforcement with the people's court, which can be divided into prosecution court enforcement and enforcement court enforcement. Pre-litigation preservation is difficult, but it is more powerful.
If you don't know the assets of the other party, you can explicitly apply to the people's court to investigate the assets of the other party, and the people's court will conduct an investigation. What is the omen for pregnant women to dream that their husbands are cheating and giving birth to boys and girls?
Step 4 sue
Anyone who refuses to accept the trial may bring a suit in a people's court within 15 days from the date of receiving the judgment, and the case prosecuted shall be tried by a people's procuratorate at the next higher level.
5. The award takes effect
After the ruling comes into effect (subject to the confirmation of the original judge), if the other party does not cooperate with the performance of the responsibilities stipulated in the judgment, it may apply to the people's court of first instance for compulsory execution.
How to deal with the cheating of one spouse? I believe you have a new grasp and understanding of this piece of music. Strictly speaking, if the divorce is caused by the husband's infidelity, only when the infidelity is assessed as negligent personal behavior will the innocent party be taken care of reasonably and the husband who is having an affair be given less assets.