Is it illegal for a husband to cheat on his wife? Cheating is a situation that everyone rejects, but it is also common in our lives. Faced with cheating, many people may want to know if there are any relevant laws and regulations. Is it illegal for a husband to cheat on his wife?
Is it illegal for her husband to cheat and find three crimes? 1 Under normal circumstances, cheating does not constitute a crime, but if the cheating party and Xiao San live together in the name of husband and wife for a long time, or Xiao San knows that the other party is married and still lives together in the name of husband and wife, it constitutes bigamy and is sentenced to fixed-term imprisonment of not more than two years or criminal detention.
San Xiao knowingly cohabited or married a soldier's spouse, which constituted the crime of destroying the marriage of a soldier, and was sentenced to fixed-term imprisonment of not more than three years or criminal detention. Cheating in marriage is not necessarily a crime, but it may also constitute bigamy. It is ok to sue for divorce. If there is evidence that the other party is cheating, the court will grant a divorce. If a lawsuit for divorce is filed with the court and mediation fails, the court will grant the divorce in any of the following circumstances:
1, bigamy or a spouse living with others.
2, the implementation of domestic violence or abuse, abandonment of family members.
3, gambling, drug abuse and other bad habits.
4. Separated for two years due to emotional disharmony.
5. Other circumstances that lead to the breakdown of marriage relationship.
Is bigamy a public prosecution case or a private prosecution case?
Bigamy is a public prosecution case, but the victim also has the right to private prosecution. The crime of bigamy belongs to the crime of infringing on civil rights, and the object of infringement is not only the criminal's legal spouse, but also the social order. Even if the spouse of a bigamist does not sue, the state should hold the bigamist accountable.
Regarding the crime of bigamy, whether the victim is willing or not, the public security organs have the obligation to take the initiative to investigate, and the procuratorate also has the power to prosecute. Bigamy cases are generally prosecuted by the victims. If the circumstances are serious and the impact is very bad, even if the victim does not sue, but the people, social organizations or relevant departments file a complaint, the people's procuratorate shall examine and decide whether it constitutes bigamy. If criminal responsibility needs to be investigated, a public prosecution shall be brought to the people's court.
How to determine the amount of divorce damages?
Divorce damages include material damages and mental damages. Material damage compensation is mainly property damage compensation, which is to compensate the actual property loss caused by the fault party of divorce, and the fault party should pay all the compensation. Compensation for mental damage is mainly to comfort the injured party. When determining the amount of divorce damages, some factors should be considered:
1. The amount of compensation to be considered should be able to soothe the mental trauma and mental pain suffered by the innocent party in the marriage relationship, and be based on the basic living standard of the people's court accepting the lawsuit;
2. We should consider the economic bearing capacity of the wrong party and reflect the effective sanctions against the wrong party;
3. It is necessary to comprehensively consider the degree, means, occasion, consequences, influence and other specific circumstances of the fault party's infringement to determine its liability for compensation, so as to protect the legitimate rights and interests of the parties to the marriage.
To sum up, Xiao San played a disgraceful role when her husband cheated in marriage. Usually, it can only be said that mistress has moral problems and does not constitute a crime. But in some cases, Xiao San can be investigated for criminal responsibility. For example, the mistress and the man live together in the name of a foreign couple, and the circumstances are relatively bad, which constitutes a crime of bigamy and will face imprisonment of up to two years.
Is it illegal for her husband to cheat and find three crimes? 2 How to divide the property of husband's derailment and divorce?
1, Article 1087 of the Civil Code, in case of divorce, the joint property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.
The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.
2. Article 1088 of the Civil Code stipulates that if one spouse has more obligations such as raising children, caring for the elderly and assisting the other spouse in work, he has the right to demand compensation from the other spouse at the time of divorce, and the other spouse shall make compensation. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.
3. Article 109 1 of the Civil Code stipulates that in case of divorce under any of the following circumstances, the innocent party has the right to claim damages:
(1) Bigamy;
(2) Living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members;
(five) there are other major faults.
If the man has an affair and meets the above two conditions at the same time, the woman can claim compensation for mental damage. However, the courts in Shanghai rarely rule that divorce has compensation for mental damage, unless it is due to domestic violence, abandonment and abuse of bigamy and other factors. If you divorce because of an affair, you will not support compensation for mental damage, but will only take care of the innocent party when dividing the property.
Even if compensation for mental damage is supported, according to the regulations of the Supreme People's Court, the maximum compensation for mental damage is 50,000 yuan, and the court generally considers the specific situation according to the local living standard, the degree of fault, and the tolerance of the fault party. There is no clear quantitative standard for the specific compensation amount, and the average city rarely exceeds 1 1,000 yuan.
In real life, if the divorce is due to the husband's infidelity, as long as there is evidence, the court's judgment will tend to the innocent party, and the division of natural property will be subject to the innocent party. If you still have questions about this question, you are welcome to find relevant professional lawyers to answer them on our website.
Is it illegal for a husband to cheat and find three crimes? 3 Is the derailed party divorced clean?
First, if there is enough evidence to prove each other's extramarital affairs, you can get extra points in the division of property.
Second, in reality, there are few cases of going out clean, and the judge's trial thinking is generally a balance of interests, so it is impossible to let one party go out clean easily. First of all, the lawsuit is only evidence. If there is no evidence that the other party is having an affair, then there is no premise to claim more property. And this kind of evidence must be sufficient. Pay attention to my words, the evidence is sufficient. Only when you have sufficient evidence, can you convince the judge that your opinion is likely to exist, and can you convince the judge in your mind that the other party has a great fault.
I always say that only by influencing the judge's inner judgment can we gain an advantage. That's the reason. Secondly, even if the judge believes your evidence and believes that you are the innocent party of the injured party, it is unrealistic for you to want the judge to fully support you and judge that the other party has nothing, even if the house is cleaned up.
Because the judge's trial thinking is generally a balanced thinking of interests, that is, the interests of both parties are basically equal, and generally it will not be obviously biased towards one party unless one party has sufficient evidence to prove its claim. If the judge easily decides that the other party has nothing, and the other party goes to the court to make trouble or entangle, the judge can't stand it. Judges are also human beings and supervised by superior leaders. Therefore, it is difficult for a judge to judge the other party to lead an honest and clean life in a divorce case, which is not in line with China's national conditions.
According to the provisions of the Marriage Law, if the relationship between husband and wife has really broken down, a divorce can be decided. Regarding the issue of child support, it is necessary to make a judgment after carefully confirming the situation of both parties from the perspective of being conducive to the growth of children. However, breast-feeding children are generally awarded to the woman for support. If it is not breastfeeding, it is necessary to see which side is more suitable for the child's growth and seek the child's own opinions. Parents who don't raise their children have to pay alimony every month, and the standard of alimony is generally between 20-30% of the annual income.
Husband and wife * * * with property and debts, with husband and wife * * * with all and burden, generally one person half. If one party is at fault, the division of property may be divided into less or no shares, and the specific share shall be decided by the court. Generally speaking, the bride price before marriage is treated as the same property as * * * * and cannot be returned. If you are not married, you can ask the other party to return the bride price.
Online students are definitely a great loss of interest to the parties, but if it has an unstable impact on marriage, the victims have sufficient evidence to claim their rights and interests and better safeguard their legitimate interests. But the concrete analysis of specific problems will be effective and need to be treated rationally.