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How will the court judge if the woman cheats and the woman asks for divorce and the man asks for compensation

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How will the court judge if the woman cheats and the woman asks for divorce and the man asks for compensation


        

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  • 2024-05-25 19:00:26

    After collecting the evidence proving that the spouse has cheated, you can file a divorce lawsuit to the court and ask the fault party for divorce compensation.

    The divorce compensation for extramarital affairs includes two aspects: material damage compensation and spiritual damage compensation.

    (1) Material damage compensation includes direct material damage such as expenses for collecting evidence of bigamy, prosecution fees, attorney fees, etc.

    (2) Since there is no clear standard for mental damage in China, there is no clear standard for compensation for mental damage caused by divorce due to extramarital affairs.

    In actual operation, it needs to be determined according to the following standards:

    1. The degree of mental damage to the innocent party of extramarital affairs.

    2. The specific derailment circumstances of the wrong party in the extramarital affair.

    3. The degree of fault of the wrong party in extramarital affairs.

    4. Other relevant factors. For example, the length of marriage of both parties, the length of marriage of both parties, the feelings of both parties after marriage, the contribution of the innocent party to the marriage life and other factors should be taken as compensation considerations.

    [Legal Basis]

    Article 1091 of the Civil Code states that the faultless party shall have the right to claim damages if divorce is caused by any of the following circumstances:

    (1) Bigamy;

    (2) Cohabitation with others;

    (3) Domestic violence;

    (4) Abuse or abandon family members;

    (5) There are other major faults.

    l***

    2024-05-25 19:00:26

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