Legal consequences of derailment:
If a husband and wife cheat, it is usually legally recognized that the relationship between the two parties is broken. If divorce is sued at this time, even if the defendant does not agree to divorce, if the plaintiff insists on divorce, the court will generally decide divorce.
Divorce due to infidelity does not affect the division of property in principle. The act of dividing less or not dividing property in divorce is only stipulated in Article 1092 of the Civil Code (implemented from 200211): in divorce, if one party hides, transfers, sells or destroys the joint property of husband and wife, or forges debts in an attempt to occupy the property of the other party, the property of husband and wife will be divided.
However, the cheating behavior of one party violates the faithful obligation of the marriage law, so the innocent party can ask the wrong party to compensate for the losses. This can be found in real cases in judicial practice.
Finally, cheating does not affect the acquisition of child custody. The law will comprehensively consider and compare the conditions of both parties, and take which side of the child's life is more conducive to healthy growth as the principle. The emotional entanglement of adults is not a necessary condition to decide who the custody of children belongs to, so derailment does not affect the custody of children.
Second, is whoring a crime?
Whether whoring is a crime or not cannot be generalized. Under normal circumstances, whoring is an illegal act, which violates the first paragraph of Article 30 of the Regulations on Administrative Penalties for Public Security. "Prostitution, whoring and whoring are strictly prohibited, and it is strictly forbidden to introduce or shelter prostitution and whoring. Offenders shall be detained for less than 0/5 days/kloc, given a warning, ordered to make a statement of repentance or carry out reeducation through labor according to regulations, and may be fined less than 5,000 yuan; If it constitutes a crime, criminal responsibility shall be investigated according to law. " However, under the following special circumstances, whoring is a criminal act:
1, whoever whores with a young girl under 14 years old shall be punished as rape.
2. Whoever knows that it is a serious venereal disease such as syphilis and gonorrhea shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance, and shall also be fined not more than 5,000 yuan.
Legal basis:
Article 1079 of the Civil Code of People's Republic of China (PRC) * * * If one of the husband and wife requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
Article 109 1 of the Civil Code of People's Republic of China (PRC) * * If one of the spouses divorces due to bigamy or cohabitation with others, domestic violence or maltreatment, abandonment of family members or other gross fault, the innocent party has the right to claim damages. Compensation. In addition, the situation that "gross fault leads to divorce" includes: if one of the husband and wife has proper relationship with others, but has not reached the level of cohabitation, and the court finds that he has gross fault, he can claim damages without fault.