Will you be locked up for cheating in marriage? In reality, cheating in marriage is an act that many people hate, and many people also want to put people who cheat in marriage into prison through legal means. Then tell us whether cheating in marriage will be closed down.
Will you be locked up for cheating in marriage? 1 Generally speaking, cheating does not constitute a crime, and it will not be locked up or sentenced to punishment. However, if marital infidelity constitutes bigamy, it will bear criminal responsibility. Bigamy refers to the act of marrying someone who has a spouse or knowing that someone else has a spouse. China is a monogamous country. Bigamy is prohibited by law and punished by criminal means.
If you want to investigate the criminal responsibility of the derailed party, you need one spouse to collect evidence by himself. It is quite difficult to collect such evidence, and the court has a high standard for the crime of bigamy. The marriage certificate of the derailed party and a third party or the certificate of marriage registration in other countries can generally be directly recognized as bigamy. Of course, the cheating party and the third party take a wedding dress and live together, which is commensurate with husband and wife. If the evidence is sufficient, they can also report the case directly to the public security organ or file a criminal private prosecution with the court.
legal ground
Article 258 of the Criminal Law of People's Republic of China (PRC) * * * Whoever commits bigamy with 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.
Article 109 1 of the Civil Code? 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.
According to the relevant laws and regulations of our country, there is no causal relationship between the fault of extramarital affairs and the division of husband and wife's property during divorce. Even if evidence of extramarital affairs is obtained, it will have little impact on the division of divorced property. The other party's evidence collection of the other party's extramarital affairs can only be regarded as the judge's discretion, which does not necessarily have a significant impact on the division of marital property.
There are two kinds of property division due to one party's extramarital affairs: agreement division and judgment division. The Civil Code clearly stipulates that the joint property of husband and wife is acquired during the existence of the relationship between husband and wife, and this law also stipulates that there are two ways to divide the joint property of husband and wife: agreement division and judgment division.
(1) When one of the spouses has an extramarital affair by agreement, which leads to divorce and division of property, both spouses can divide the same property through consultation. As for the division by agreement, the law fully respects the wishes of the parties. As long as the husband and wife agree, when divorce is caused by extramarital affairs, the way and content of property division are completely decided by the husband and wife freely.
(II) Division of Judgment If it is difficult for husband and wife to reach an agreement on the division of extramarital affairs and divorce property, they can only divide it by suing the court and making a judgment by the court.
When a husband and wife divorce and divide their property because of an affair, if they can't solve it by agreement, they can only bring a lawsuit to the court for division. When hearing the division of divorce property, the court mainly considers the following three factors:
(1) The principle of caring for children and women
According to the provisions of the Civil Code, at the time of divorce, the property of husband and wife is 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 and the woman. This is because children and women are generally vulnerable groups, and once divorced, it will cause great mental blow and material pressure.
(b) The principle of taking care of the innocent.
When a husband and wife have an affair and divorce, the wrong behavior of one party has brought great physical and mental harm to the other, and also seriously damaged the relationship between husband and wife. When dividing the divorced property, no matter whether the innocent party voluntarily asks for divorce or is sued for divorce, they should be taken care of when dividing the marital property to make up for their physical and mental harm.
(3) claim damages
According to the provisions of the Civil Code, if one party commits bigamy, concubinage, domestic violence, abuse and abandonment, resulting in divorce, the innocent party has the right to claim damages. Therefore, when a husband and wife divorce because of extramarital affairs, if the behavior of one of the extramarital affairs constitutes bigamy or cohabitation, or there is domestic violence, abuse or abandonment before the divorce, then no fault can claim damages at the time of divorce.
Will you be locked up for cheating in marriage? 1. How many years will you get for cheating in marriage?
Cheating generally refers to: during the marriage, one of the husband and wife has sexual relations with the opposite sex outside marriage. It is illegal to have an affair, but the legal consequences of breaking the law are different according to the specific circumstances. In fact, cheating in marriage will not only lead to social moral condemnation, but also constitute a crime and be investigated for criminal responsibility. Let's take a look at the relevant provisions of the Criminal Law of People's Republic of China (PRC):
1. Article 258 of the Criminal Law Whoever has a spouse commits bigamy or marries another person knowing that he has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
2. Article 259 of the Criminal Law Whoever knowingly cohabites with or marries a serviceman shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. The above two kinds of criminal offences are aimed at serious "cheating" behavior. If you occasionally have unfair sexual relations with the opposite sex outside marriage, you can only rely on moral public opinion to condemn and put pressure on cheaters, but you can't pursue criminal responsibility.
Second, how does the derailed party sue the divorce court?
1. The court will mediate between the two parties first according to the principle of hearing divorce cases. If the innocent party understands the fault of the wrong party, the wrong party is willing to accept mediation, and both parties have a basis for mediation, the court will mediate.
2. If the contradictions between the two parties are irreconcilable, or one party insists on divorce, the court will generally decide to divorce.
The court will take care of the innocent party according to the actual situation when judging the divorce.
4. The innocent party may claim compensation according to the provisions of Article 46 of the Marriage Law, and the specific amount shall be comprehensively considered according to the degree of damage (including mental damage) of the innocent party, the economic situation of both parties, the local living standard and other factors.
Third, the compensation standard for derailed divorce.
After collecting the evidence to prove that the spouse is cheating, you can file a divorce lawsuit with the court and ask the wrong party for divorce compensation. The following are the compensation standards for extramarital divorce:
Compensation for extramarital affairs and divorce includes two aspects: material damage compensation and mental damage compensation.
(1) Compensation for material damage includes direct material damage such as the cost of collecting evidence of the other party's bigamy, prosecution fee and lawyer's fee.
(2) Because there is no clear standard of compensation for mental damage in China, there is no clear standard of compensation for mental damage suffered by divorce due to extramarital affairs. In practice, because of the rising probability of extramarital affairs, there are still many people who want to know about the divorce compensation for extramarital affairs.
In practice, it needs to be determined according to the following criteria:
1, the degree of mental damage of the innocent party in extramarital affairs. The degree of mental injury and mental pain suffered by the victim can be considered, such as whether there are emotional disorders such as anger, fear, anxiety, depression and sadness; ; Whether the physical illness is caused by mental and emotional injury; Whether depression and trance affect work and life; Whether there is mental illness and so on. Because the damage results involve people's physical and mental aspects, medical units can be entrusted to make corresponding judgments when necessary.
2. The specific derailment circumstances of the wrong party of extramarital affairs. For example, bigamy is more serious and harmful than adultery, which is a bad plot. Adultery is relatively minor.
3. The fault degree of the fault party of extramarital affairs. For example, does the behavior of one party and the third party seriously affect the life of the innocent party?
4. Other relevant factors. Factors such as the age of marriage, the length of marriage, the feelings of both parties after marriage, and the contribution of the innocent party to marriage life should all be considered as compensation factors.
Will you be locked up for cheating in marriage? 3 How to identify marital infidelity?
In fact, marriage is still a marriage relationship. Your other half has a relationship with someone else, and you find out, but he still refuses to change, or the other party continues to show love and ignore your feelings for him, so that people who don't know your husband and wife think that they are real husband and wife now. This situation can be considered as marital infidelity. I said that now you also think that your marriage can't continue, so we should take up the law.
How to deal with marital infidelity divorce?
1, it really depends on your attitude towards the other half now. If you are determined to divorce him and don't want to continue this kind of marriage with him, but you think cheating on him will cost him a certain price, then we should take up legal weapons and grasp the evidence of his marital infidelity. I believe that he can't get compensation for you emotionally, so the law will make decisions for us in some economies.
2. Divorce by cheating in marriage. If you feel that you have no feelings now, there is no need to go to court with him again, and there is no need to meet him many times because of going to court with him, which will make you even more sad. It's best for two people to draw up an agreement, so as to prevent you from bringing up the old things when you see him again and let your mood fall into a bad state again.
In marriage, if your other half has an affair, then when we face this matter, we must be rational and learn to protect ourselves, so that your injury can be minimized. If you encounter these problems, you can click on the free consultation below, and the deer emotional tutor will analyze the emotional problems one-on-one for free.