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How will the court judge the divorce caused by the other party's marital infidelity

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How will the court judge the divorce caused by the other party's marital infidelity


        

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  • 2024-06-19 18:02:29

    1. If one party cheated in marriage and the other party sued for divorce, the court will make a judgment according to the marital relationship. The standard of the court's judgment of divorce is whether the marital relationship has really broken. If this standard is met, it should be divorced. If this standard is not met, the court will not betray even if one party cheated.
    2. If both parties agree to divorce, but cannot reach an agreement on property distribution, the court will first consider the innocent party when making a judgment. At the time of divorce, common 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, no compensation will be made to each other in divorce. Otherwise, the non fault party has the right to claim compensation from the fault party.

    In addition, if one party has paid more obligations for raising children, caring for the elderly, assisting the other party in work, etc., it has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

    Legal basis:

    Article 1091 of the Civil Code? If one of the following circumstances leads to divorce, the innocent party has the right to claim damages:

    (1) Bigamy;

    (2) Cohabitation with others;

    (3) Domestic violence;

    (4) Abuse or abandon family members;

    (5) There are other major faults.

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