First determine whether the other party’s deceptive behavior is a wrongful act of caring for innocent persons as stipulated in the law. If not, then the property division is not much different from the ordinary divorce property division. If the fault is bigamy or cohabitation with others, the court will consider the impact of the cheating party on the marriage when dividing the property, and distribute the property equitably on the basis of taking care of the woman.
1. How to determine divorce property during marriage?
First determine whether the other party’s deceptive behavior is a wrongful act of caring for innocent persons as stipulated in the law.
If not, then the property division is not much different from the ordinary divorce property division. If the fault is bigamy or cohabitation with others, the court will consider the impact of the cheating party on the marriage when dividing the property, and distribute the property equitably on the basis of taking care of the woman.
After collecting evidence to prove that your spouse is cheating, you can file a divorce lawsuit with the court and claim divorce compensation from the wrong party. Extramarital affair divorce compensation includes two aspects: material damage compensation and mental damage compensation.
1. Material damage compensation includes: direct material damage compensation such as the cost of collecting evidence of the other party’s bigamy behavior, prosecution fees, attorney fees, etc.
2. Since there is no clear standard for compensation for mental damage in our country, there is no clear standard for compensation for mental damage caused by extramarital affairs and divorce.
In actual operation, the determination of mental damage compensation needs to be determined according to the following standards:
1. The degree of mental damage caused by an extramarital affair to the innocent party. 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, sadness; whether the physical illness is caused by mental and emotional injuries; whether there is mental depression, trance, influence Work, life, etc. 2. The specific circumstances in which the wrong party cheated on the person in the extramarital affair. For example, compared with adultery, bigamy is more serious and harmful, and is considered a serious crime.
2. The degree of fault of the wrong party in the extramarital affair. For example, whether the behavior of the extramarital affair party and the third party has seriously affected the life of the innocent party.
3. Other relevant factors. Factors such as the number of years the parties have been married, the length of time the parties have been married, the relationship between the parties after the marriage, the contribution of the innocent party to the marital life, etc. are all factors that should be considered for the purpose of compensation.
2. What to do with children due to divorce?
As for the child custody issues caused by divorce due to infidelity, both parties can negotiate and resolve them. However, if the two parties cannot resolve the matter through negotiation, they can file a lawsuit in court and the court will make a ruling. Regarding the issue of child custody, it is necessary to carefully confirm the conditions of both parties and make a judgment from the perspective of being conducive to the growth of the child. However, babies who are breastfed usuallyThe woman will be awarded custody. Ask your children for their own opinions. However, children under the age of two generally live with their mother. If the mother has one of the following conditions, she can live with the father:
1. The child suffers from a long-term infectious disease or other serious disease and is not suitable to live with her;
2. There is support The child cannot live with his mother due to other reasons, but the father requires the child to live with him.
3.
If one parent is raising the child, the other parent has the right to visit and pay child support. Child support standards, if there is a fixed income, are generally paid at 20-30% of the fixed income; if there is no fixed income, the court will comprehensively consider the child's actual expenses, local living standards and the economic status of both parties. Therefore, in the case of cheating and divorce, child custody will depend on the circumstances. As long as the woman is not seriously ill and is willing to raise the child, children under two years old are generally raised by the woman. Children over two years old, subject to availability. Generally, the child's wishes and the conditions of both parties will be combined to determine who has custody of the child.
In principle, the joint property of husband and wife should be distributed equally during divorce. . If the other party cheats, and you have conclusive evidence to prove that the cheating behavior constitutes bigamy or cohabitation with others, the legal situation under the Marriage Law is met, and you can ask the cheating party for divorce damages.
