How does the divorce court decide if the husband cheated?

Face your husband Marital infidelity I believe that many women can't stand this behavior. After all, this is not only a betrayal of feelings, but also a betrayal of family. In reality, in such a situation, we actually choose divorce There are many people. At this time, my husband cheated Sue for divorce How does the court decide? In the following Nomogram I will give you a detailed answer.

1、 How does the divorce court decide if the husband cheated

1. The court will Divorce proceedings The trial principle of the case shall first mediate between the two parties. If the faultless party forgives the fault of the fault party and the fault party is willing to accept mediation, then both parties have the basis for mediation, and the court will mediate.

2. If the contradiction between the two parties cannot be reconciled, or one party insists on asking for divorce, the court will generally decide for divorce.

3. The court will give certain care to the innocent party according to the actual situation when deciding on divorce.

4. The innocent party can also rely on《 Civil Code 》The specific amount of compensation claimed under Article 1091 shall be based on the extent of damage suffered by the party not at fault (including Mental damage ）Both parties' economic conditions, local living standards and other factors shall be comprehensively considered.

2、 Derailment divorce compensation Standards of

Collected evidence of cheating evidence After that, you can file a divorce lawsuit with the court and ask the fault party for divorce compensation. The following is divorce outside marriage Compensation standard ：

Extramarital affairs Divorce Compensation includes two aspects: material damage compensation and Compensation for mental damage 。

（1） The compensation for material damages includes: expenses, prosecution fees lawyer Cost and other direct material damage.

（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 practice, due to extramarital affairs With the increase of probability, many people still want to know about divorce compensation for 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. Consider the degree of mental injury and suffering suffered by the victim, such as whether there are emotional barriers such as anger, fear, anxiety, depression, sadness, etc; Whether physical illness is caused by mental and emotional damage; Whether mental depression and trance affect work and life; Whether there is mental illness, etc. As the result of the damage involves the physical and mental aspects of people, medical units can be entrusted to make corresponding judgments when necessary.

2. The specific derailment circumstances of the wrong party in the extramarital affair. For example, compared with adultery, bigamy is more serious and harmful, which belongs to bad circumstances. The plot of adultery is relatively light.

3. The degree of fault of the wrong party in extramarital affairs. For example, whether the behavior of an extramarital affair party and a third party has seriously affected the life of the innocent party.

4. Other relevant factors. If both parties marry The number of years, the length of marriage of both parties, the feelings of both parties after marriage, and the contribution of the innocent party to the marriage life should all be considered as compensation factors.

Because one side cheated The court sued for divorce In fact, it depends on whether it is actually satisfied divorce by lawsuit Standards. Even if the court accepted the divorce case at this time, it cannot guarantee that the divorce will be successful in the end. Therefore, how the divorce court judges the husband's infidelity suit depends on the party's litigation How about the evidence provided in the process? If it can effectively prove that the relationship between the husband and wife has been broken, the couple will be sentenced to divorce in the case of ineffective mediation.