What legal responsibilities do you need to bear for cheating in marriage? Marriage is a sacred and beautiful thing, but cheating after marriage is common, so marriage life is not so beautiful. What legal responsibilities do you need to bear for cheating in marriage?
What is the legal responsibility for cheating in marriage 1 1. Should I be criminally responsible for cheating in marriage?
Cheating in marriage may lead to criminal responsibility, mainly depending on the degree of "cheating". If the "cheating" behavior is just a "one-night stand" or occasionally having sex with people outside marriage, it generally does not constitute a criminal offence. If the "cheating" behavior reaches the severity of bigamy, it may violate the criminal law. The so-called bigamy refers to the behavior that one spouse remarries, that is, he has already had a marriage relationship and entered into a second marriage relationship with others.
There are two forms:
The first is legal bigamy, that is, the previous marriage has not been dissolved, and the marriage registration with others constitutes bigamy. As long as the two parties have gone through the marriage registration formalities, whether they live together or not, whether they hold a wedding or not, they have already formed bigamy.
Second, actual bigamy: that is, the previous marriage has not been dissolved, and cohabitation with others in the name of husband and wife. Although the two parties have not gone through the marriage registration formalities, they have actually constituted bigamy.
If it is found that the other party has bigamy, it is recommended to obtain evidence in time. If it has been found that the other party has received a marriage certificate, then this marriage certificate is the best evidence to prove the other party's bigamy. If you don't find it, you can also retrieve the surveillance video of their * * * residential area to see if there is any * * * living together.
Or find some witness testimony from neighbors or neighborhood committees to prove to outsiders that they are husband and wife, or collect some documents signed by them to see if they are signed in the name of husband and wife, and so on. To prove that the other party is bigamy.
Second, how to judge the crime of bigamy
Whoever commits bigamy while having a spouse, or marries someone knowing that they have a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
What legal responsibilities do you need to bear for cheating in marriage? 2 How to divide the marital property between husband and wife?
Firstly, it is determined whether the husband's cheating behavior belongs to the fault behavior of taking care of the innocent party as stipulated by law. If not, there is not much difference in property division from ordinary divorce property division. If the fault liability is bigamy or cohabitation with others, the court will consider the influence of the derailed party on the marriage and divide the property fairly on the basis of taking care of the woman.
How to divide extramarital property is not as difficult as everyone thinks, nor as simple as the article writes. How to determine whether the other party is bigamy or cohabitation with others is a difficult point. The main reason is the collection of evidence. Therefore, when the divorce property is divided, you can choose to collect evidence of the husband's infidelity with the help of a lawyer to prove that the husband has an extramarital affair, which can affect the divorce property division.
How to identify faults
The provisions of the law on fault are:
1, bigamy, must satisfy the fault party to marry a third party, that is, there is marital status.
2. A spouse lives with others, and a spouse and the opposite sex outside marriage do not live together continuously and stably in the name of husband and wife.
3. Domestic violence, according to the Supreme People's Court's judicial interpretation, refers to: the behavior of the perpetrator to beat, bind, mutilate, forcibly restrict personal freedom or other means, causing certain harm to the body and spirit of his family members; Persistent and frequent domestic violence constitutes abuse.
4. Abuse and abandonment of family members. It must be a long-term abuse and abandonment of family members, such as illness without treatment, food, care and so on
Therefore, there is nothing wrong with what we usually call adultery, and whether the injured party will be taken care of in the division of divorce property generally depends on the specific situation.
How does the divorce court judge cheating;
First of all, as far as the willingness to divorce is concerned, if one party is unwilling to divorce and the other party sues for divorce, the court will make a judgment according to the relationship between husband and wife. The standard of divorce by the court is whether the relationship between husband and wife has really broken down. If you meet this standard, you should get a divorce. If this standard is not met, even if one party cheats, the court will not betray.
If both parties agree to divorce, but can't reach an agreement on the distribution of property, the court will first consider the innocent party when making a judgment. In divorce, property and debts are generally divided equally, and personal property and debts belong to individuals. If there is no fault or both parties are at fault, they will not compensate each other when divorcing. Otherwise, the innocent party has the right to claim compensation from the innocent party.
What legal responsibilities do you need to bear for cheating in marriage? 3 what should I do if I cheat in marriage?
If you want to divorce, you can only choose to divorce by agreement or litigation.
If the husband and wife can reach an agreement on the three major issues of divorce, child support and property division, it is recommended to go to the Civil Affairs Bureau to negotiate a divorce, which is short and cheap.
If the husband and wife can't reach an agreement, that is, they can't agree to divorce, then they can only choose litigation for divorce. Litigation divorce is much more troublesome, and it has three stages:
The first stage: firstly, apply to the court for divorce proceedings, collect relevant information (the most important thing is the evidence of emotional breakdown and the evidence of the man's infidelity), and the court will file a case.
The second stage: the defense stage.
1. The people's court shall serve a copy of the plaintiff's indictment on the defendant within five days from the date of filing the case, and inform the defendant to give a written reply;
2. The defendant shall file a reply within 15 days from the date of receiving the copy of the indictment served by the people's court. If the defendant fails to make a reply within fifteen days, the people's court will try the case as usual and make a judgment. If the defendant cannot give a reply within fifteen days due to reasons other than his own will, he may apply to the people's court for an extension according to the facts, and the president of the people's court will make a decision on the extension.
The third stage: the trial stage.
This stage enters the substantive stage of divorce proceedings, mainly to examine the evidence, find out the case, distinguish right from wrong, and confirm the rights and obligations of the parties.