In our country, cheating is not a legal issue, but a moral issue, that is to say, the law does not deal with cheating, and cheating is neither illegal nor illegal, but it should be condemned morally.
Cheating means that a married person has an affair with someone other than his spouse. Cheating is literally a love affair, but in essence it is just a process of cheating. There are three kinds of marital infidelity in law, cohabitation and bigamy. If the derailment constitutes bigamy or cohabitation with others, one spouse may claim damages for divorce.
It is not illegal for married women to cheat, mainly in the moral field. Those who constitute bigamy need to be investigated for criminal responsibility for bigamy. The evidence needed to prove married women's cheating behavior includes photos, audio and video recordings, mobile phone messages, e-mails, written materials personally admitted by spouses and third parties, testimonies of neighbors and friends, etc.
Deceptive divorce requires the following evidence:
1, photos: various photos showing the intimate relationship between the spouse and the third party;
2. Recording: Recording that can prove that the spouse has an extramarital affair with a third party, such as the spouse admitting to having an extramarital affair with a third party during the conversation with the spouse;
3. Videos: various videos showing the extramarital relationship between spouses and third parties;
4. SMS: SMS about an extramarital affair between a spouse and a third party. Sometimes, spouses and themselves, and third parties and themselves may contact each other through SMS. When it comes to extramarital affairs, such messages can be kept as evidence. However, due to the characteristics of short messages, it is difficult to save them, and it is difficult to directly prove who the sender and receiver of short messages are, so some special measures need to be taken to save them, and some auxiliary evidence may be needed to prove the fact of extramarital affairs. But in any case, these short messages can be used as evidence of extramarital affairs to help the prover form a complete chain of evidence. For example, the short message is left in the receiver's mobile phone without being deleted, and stored in the storage space or memory card of the mobile phone, or the short message is fixed and notarized by the notary office as evidence for future reference;
5. E-mail: Sometimes a spouse will contact a third party by e-mail, and it will also involve extramarital affairs. Some parties will also print out the contents of the email as evidence and submit it to the court, while others will keep electronic evidence through notarization. However, it is very difficult to use e-mail as evidence of extramarital affairs, because it can confirm who the sender and the recipient are, and it can only be used as auxiliary evidence to help the witness form a complete chain of evidence;
6. Written materials admitted by the spouse and the third party: As we often encounter in cases, the party who has an affair has written a letter of guarantee to the spouse to ensure that it will not have an affair with XXX again. Such written materials can also help prove that spouses have extramarital affairs;
7. Testimony of neighbors and friends: Pay attention to the evidence collection method of extramarital affairs. Whether you collect evidence yourself or ask others to help you collect evidence, you should be careful not to infringe on your personal rights, otherwise the court will not accept it. For example, gathering many people to forcibly break into other people's houses. In that case, not only will the court not accept the letter, but it will also be an infringement in law.
To sum up, cheating is not a legal issue in our country, but a moral issue, that is to say, the law does not deal with cheating, and cheating is neither illegal nor illegal, but it should be condemned morally.
Legal basis:
Article 1079 of the Civil Code of People's Republic of China (PRC)
If one of the spouses requests a divorce, the relevant organizations 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.