How to judge the divorce of a man who cheated in marriage

1、 The man Marital infidelity divorce How to judge

If one of the husband and wife requests divorce, the relevant organization may mediate or directly file a lawsuit with the people's court Divorce proceedings 。 When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.

Divorce shall be granted if mediation fails in any of the following circumstances:

（1） Bigamy or other people cohabitation ；

（2） Implementation Family Violence Or maltreat or abandon family members;

（3） Gambling, drug abuse and other bad habits persist in teaching;

（4） Because of emotional discord separation Two years;

（5） Other causes Couple's feelings are broken The situation of.

《 Civil Code 》Article 1079

If one of the husband and wife requests divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.

Divorce shall be granted if mediation fails in any of the following circumstances:

（1） Bigamy or cohabitation with others;

（2） Domestic violence or maltreatment or desertion of family members;

（3） Gambling, drug abuse and other bad habits persist in teaching;

（4） Two years of separation due to emotional discord;

（5） Other situations that lead to the breakdown of the relationship between husband and wife.

Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit. Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

2、 How to judge marital infidelity and divorce, and how to divide property

Due to marital infidelity of spouse Sue for divorce Yes, the court may not award divorce. The court's criterion for divorce is that "the relationship between husband and wife has really broken down, and mediation is invalid". General extramarital affairs Behaviors, such as mental infidelity within marriage, ambiguous relationship with the opposite sex or occasional extramarital sexual behavior, which do not reach the situation of bigamy or cohabitation with others, and the defendant does not agree to divorce, the court is less likely to divorce.

According to the principle of "who claims who provides evidence", the plaintiff should provide evidence for the emotional breakdown of both parties, and evidence After cross examination, the court can determine that the feelings of both parties have indeed broken.

Therefore, when suing for divorce, we should prepare evidence to prove that the relationship between husband and wife really broke down, and make full preparations according to the specific situation of the case, so as to obtain the support of the court.

When cheating and divorce Conjugal property There is no causal relationship between the division of "" and "". Obtaining the evidence of the other party's extramarital affairs can only be considered as a point for the judge to consider at his discretion, but it is not necessary to Conjugal property The segmentation has a significant impact.

When one party is divorced due to an extramarital affair Division of property There are two types: agreement division and judgment division.

（1） Divide by agreement When one of the husband and wife has an extramarital affair that leads to divorce and division of property, the husband and wife can divide their common property through negotiation. As for the division by agreement, the law fully respects the wishes of the parties. As long as both parties agree, when divorce is caused by extramarital affairs, the way and content of property division are completely free for the husband and wife to decide.

（2） If the couple is having an affair Divorce property division If it is difficult to reach an agreement on the issue, it can only be divided by filing a lawsuit to the court and passing a court judgment.

The court will make a judgment according to the specific situation of the property and the principle of taking care of the rights and interests of children, women and the innocent party.

If the act of the party who has an affair constitutes bigamy, cohabitation, or domestic violence, abuse and abandonment before divorce, the innocent party can claim damages at the time of divorce.

Article 1087 of the Civil Code

At the time of divorce common property It shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.

For the husband or wife in the family land contract The rights and interests enjoyed in operation shall be protected according to law.

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.

3、 Men cheat and divorce child custody How to judge

Cheating and divorce child custody The ownership of children has little impact, and the custody of children is still judged according to the following principles:

1、 If the child is under two years old Custody It belongs to the woman, but if the woman has the following circumstances, or both parties agree that the custody right belongs to the man, the custody right of the child belongs to the man:

(1) Having infectious diseases or other serious diseases that cannot be cured for a long time, and children are not suitable to live with them;

(2) Yes raise The parents ask their children to live with them when the conditions do not fulfill their obligation to support them;

(3) For other reasons, children really cannot live with their mother.

2、 If the child is over two years old, the husband and wife can negotiate on their own Who owns custody ； If the negotiation fails, the case can be brought to the court for judgment. The court will consider the conditions of both parties and make a judgment based on the principle that is conducive to the healthy growth of children.

3、 If both parties want the custody of the child, the court will give priority to one of the following parties when deciding custody:

(1) Having undergone sterilization operation or losing fertility due to other reasons;

(2) There are no other children, but the other party has other children;

(3) Both parties have basically the same conditions for raising children, but the children have lived alone with grandparents or grandparents for many years, and grandparents or grandparents require and are able to help children take care of grandchildren or grandchildren.

Article 1084 of the Civil Code

The relationship between parents and children shall not be eliminated by the divorce of parents. After divorce, whether the children are directly raised by the father or the mother, they are still children of both parents.

After divorce, parents still have the right and obligation to support, educate and protect their children. After divorce, children under the age of two shall be directly supported by their mothers in principle.

If both parents fail to reach an agreement on the upbringing of a child who has reached the age of two, the people's court shall make a judgment on the basis of the specific circumstances of both parties and the principle that it is most beneficial to the minor children. If a child has reached the age of eight, his or her true wishes shall be respected.

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