Can mistress sue the man with evidence? Sometimes a mistress knows that the other party has a family and destroys the family, so she is forced to be a mistress without knowing it. Xiaosan is also a victim in essence. Can she sue the man with evidence?
Does mistress have any evidence to sue that man? Can mistress sue the man for bigamy?
Mistresses can sue for bigamy, but not all mistresses can sue. Must be the victim of bigamy, that is, living with a married woman or in the name of husband and wife without knowing that the other party is married. Then the mistress in this case can sue the other party for bigamy as a victim.
According to Article 258 of the Criminal Law of People's Republic of China (PRC), the crime of bigamy refers to the act of marrying others with a spouse or knowing that others have a spouse. The so-called spouse means that a man has a wife and a woman has a husband. This relationship between husband and wife still exists without legal procedures, that is, a person with a spouse; If the relationship between husband and wife has been dissolved, or the relationship between husband and wife naturally disappears due to the death of one of the spouses, it is no longer a spouse.
Therefore, if you want to sue the man for bigamy, you need to meet the relevant conditions and understand it from a legal point of view. In order to safeguard their legitimate rights and interests, this is also the content that this article needs to understand clearly. Everyone will understand after reading it.
Can mistress sue the man with evidence? First, can mistress sue the man for bigamy?
Mistress can sue for bigamy. If Xiao San is the victim of bigamy, it is that she is living with a married woman or a married woman in the name of husband and wife without knowing that the other person is married. In this case, Xiao San can sue the other party for bigamy as a victim.
According to the experience of judicial practice, bigamy mainly has the following types:
(1) registered marriage with spouse, registered marriage with others and bigamy, that is, bigamy of two legal marriages. People with spouses register marriage with others, bigamists cheat the marriage registry to get a marriage certificate, and bigamists collude with the registry staff to get a marriage certificate.
(2) registered marriage with the original spouse and remarried with others without registration is a de facto marriage type after legal marriage.
(3) Bigamy refers to the bigamy of two kinds of de facto marriages in which husband and wife are not registered to get married with others, but live together as husband and wife successively or at the same time.
(4) cohabitation with the original spouse without registration, and cohabitation as husband and wife, and then marriage and bigamy with others, which is a legal marriage type after de facto marriage.
(5) No spouse, but knowing that the other party has a spouse, the registered marriage or cohabitation is the remarriage of husband and wife.
Second, the trial time of bigamy cases
The normal trial period of the court of first instance (generally 2 months, not more than 3 months at the latest, except in special circumstances)
Criminal procedure law
208th Article When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
If the people's court changes its jurisdiction, the trial period shall be counted from the date when the changed people's court receives the case.
The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.
Article 158 If the investigation of the following cases cannot be concluded at the expiration of the time limit stipulated in Article 156 of this Law, it may be extended for two months with the approval or decision of the people's procuratorate of a province, autonomous region or municipality directly under the Central Government:
(1) Major and complicated cases in remote areas with very inconvenient transportation;
(2) Major criminal group cases;
(3) Major and complicated cases of escaping crime;
(four) major and complex cases involving a wide range and difficult to obtain evidence.
According to the above provisions, the general time limit for people's courts to hear cases of first instance should be three to six months.
It is the duty of every citizen to report and expose the illegal and criminal acts in life to the public security organs, so whether Xiao San is a victim or not, he has the right to sue the man for bigamy. However, if Xiao San is also an insider, he should bear criminal responsibility while suing the man for bigamy, but he can be given a lighter punishment.
Does mistress have any evidence to sue that man? 3. What should mistress do if she wants to sue her husband?
You can collect evidence and actively respond to lawsuits.
1, this depends on the evidence. For this kind of single-person single-case crime, the arrest will be sent within 7 days of criminal detention, and the arrest result will be issued within 14 days, not 30 days and 37 days as generally said.
2. Entrust a lawyer to submit evidence and legal opinions as soon as possible, and apply for bail pending trial.
Second, if mistress has children, who will the man choose?
Not necessarily, it depends on the man's idea.
1, you can call the police and demand that the relevant personnel be investigated for the crime of forging documents.
2. If you have a fixed income, you can generally pay alimony at the rate of 20-30% of your total monthly income. Bear the one-child health care costs of more than two children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income.
3 no fixed income, can refer to the above ratio, according to the total income of the year or the average income of the same industry to determine the amount of conservation fees.
4. Under special circumstances, the above ratio can be appropriately increased or decreased.
3. What should Xiaosan do with her children?
Accuse her of interfering in the family.
1, can't take the initiative to tear with each other: because it's unnecessary, even if you win, what can you do? This kind of fighting can only show that this is your weakest struggle for marriage, which just gives a loophole to the man and mistress, because someone must be injured in the fight, but men are more distressed by mistress, and will only say unreasonable, unreasonable and arrogant to men, and their image in men's minds will be greatly reduced, and mistress will be more arrogant.
2. keep a calm mind: maybe any woman can't be calm when she encounters such a thing. Easier said than done, it's really a bit difficult, but calm down and think about it. Because men didn't say anything about extramarital affairs in front of their faces, San Xiao came to you himself, proving that San Xiao couldn't get a positive answer from men and began to worry. Let the other party show their cards first, so that the initiative is in their own hands and they can sue her for interfering with the family.
Fourth, does the third child count as bigamy?
Not really.
1, after registering marriage with 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. Those who are registered to marry their spouses and those who are not registered to marry others shall live together as husband and wife and remarry. This is the type of de facto marriage after legal marriage.
3, and the spouse and others are not registered to get married, but have lived together in the name of husband and wife successively or at the same time, which is bigamy of two de facto marriages.
If mistress comes to the door, you can sue her for obstructing the family, and you must negotiate skillfully. When negotiating with Xiao San, she must work harder on Xiao San. When negotiating with Xiao San, it's best to record with her mobile phone on so as to obtain evidence, and the content of the negotiation must be beneficial to her, so that she can take evidence to safeguard her rights and interests.
Since Xiao San wants to sue, please ask the lawyer to respond actively. Bigamy refers to the illegal act that a spouse marries another person and one person has more than two kinds of marriage relationships at the same time. Others are identified as bigamy and may be criminally liable.