Divorce issues how to determine the party at fault

Your situation is a typical flash marriage, and I see a similar situation to you on the ** stage:

1.Article 34 of the Marriage Act stipulates that the man's complaint must be filed six months after the miscarriage, and the woman submits it or the court considers it necessary for the man to make an exception.

2.If it is best to confirm who the child is, if it is not the husband's, and to distinguish whether it is postmarital sex or premarital sex that causes the pregnancy, please refer to the "Reply of the Supreme People's Court on Whether the Woman Can Petition for Divorce If the Woman Is Pregnant Due to Adultery".

If it is known through these that she is having sex with someone else after marriage and causing the pregnancy, the fault lies with the woman. Moral damages may be claimed.

3.Article 3 of the Marriage Law, if the woman asks for property that is paid before marriage, causing family difficulties to the paying party, she may request a refund (Article 10 of the Supreme People's Court's Interpretation (2) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China).

4.The husband may request the division of property when filing a lawsuit, and if she takes away the joint property of the husband and wife, he can request an equal division, please refer to the "Several Specific Opinions on the Handling of Property Division Issues in Divorce Cases by the People's Courts" for specific division

5.The woman has the freedom to decide on childbearing, and article 51 of the Law on the Protection of Women's Rights and Interests does not support the claim for moral compensation.

6.If there is damage caused by Article 46 of the Marriage Law, you can claim material and moral damages, and if you cannot prove that there is Article 46 of the recording, you can ask for divorce and claim compensation for moral damages if you can provide evidence that meets Article 46, but you can only file a lawsuit for divorce from the aspect of emotional discord. Please refer to some specific opinions on how the people's courts should determine that the relationship between husband and wife has indeed broken down in divorce cases.

No, it's just that the content of the text message can't be set. There needs to be a factual basis.

Abortion is a woman's right, and compensation to men is not currently supported.

I think it's half and half likely.

There are text messages to testify. The second is to beat the child without permission. The odds are only half the way! Whoever is responsible.

Legal Analysis: The party at fault for divorce under the law refers to bigamy, cohabitation with another person, domestic violence, abuse or abandonment of family members, and the party who has these acts is the party at fault. According to article 46 of the Marriage Law, the innocent party has the right to claim damages.

For divorce filed by the party at fault, the court should still insist on deciding whether to decide whether to grant divorce based on the criterion of whether the relationship has broken down. Where the relationship between the two parties has not broken down, and the innocent party and his children have an attitude of understanding and striving for the party at fault, the court should rule that there is no separation. If the relationship between the two parties is truly irreparable, and the party at fault insists on not accepting the reconciliation mediation, and has sued for divorce many times, the two parties cannot be forced, violating the principle of voluntary divorce.

In practice, the innocent party needs sufficient evidence, such as audio-visual materials, guarantees, chat records, etc., to determine the party at fault in the divorce. Manifestations of fault:

1) Dishonesty.

What we mean by "unfaithfulness" generally refers to an extramarital affair or extramarital sexual activity by one of the spouses.

2) Bigamy. 3) Cohabitation.

According to the relevant judicial interpretations of the Supreme People's Court, cohabitation refers to the continuous and stable cohabitation of a spouse and a person of the opposite sex outside of marriage, not in the name of husband and wife.

4) Domestic violence.

5) Abuse or abandonment of family members.

6) Bad habits.

For example, alcoholism, drug abuse, and gambling are all bad habits. If there is a bad habit, it must be "repeated and not changed" before it can be a reason for a judgment of divorce and a breakdown of the relationship between husband and wife.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

A party is legally negligent if he or she commits the following acts:

1.One party commits domestic violence during marriage;

2.One party has abused or abandoned a family member;

3.A person who has a spouse cohabits with another person;

4.Bigamy. 1. If the woman wants to divorce, what compensation should the man give to the woman?

The divorced man is not allowed to compensate the woman, but if he is legally at fault, he has the right to claim damages. Specifically, one party has bigamy; cohabitation by one party; One party commits an act of domestic violence; abuse or abandonment of a family member by one party; There are other major wrongdoings, etc.

Damages include material damages and moral damages.

2. What circumstances led to the breakdown of the relationship.

1) Bigamy or cohabitation of a spouse with another person.

2) Committing domestic violence or abusing or abandoning family members.

3) Those who have bad habits such as gambling and drug abuse that they have repeatedly taught.

4) Separated for two years due to emotional discord.

5) One party is declared missing and the other party files a divorce lawsuit.

6) One party suffers from a disease that prohibits marriage by law, or one party has a physical defect, or is unable to have sex for other reasons, and it is difficult to **.

3. How to count the breakdown of the relationship between husband and wife?

The breakdown of the relationship between the husband and wife is as follows:

1.Where one of the parties is bigamy or has a spouse who cohabits with another person.

2.One party commits domestic violence or abuses or abandons a family member.

3.One party has gambling, drug addiction and other vices that are repeatedly taught.

4.The parties must not be separated for two years due to affection.

5.One party has been declared missing, etc.

Article 1091 of the Civil Code.

In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Article 86 of the Supreme People's Court's Interpretation (1) on the Application of the Family Part on Marriage and Dismantling.

"Compensation for damages" as provided for in Article 109 and 11 of the Civil Code includes compensation for material damages and compensation for moral damages. Where compensation for moral damages is involved, the relevant provisions of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall apply.

According to Article 1091 of the Civil Code of the People's Republic of China, the party at fault for divorce refers to bigamy; cohabitation with another person; committing domestic violence; abuse or abandonment of family members; or a party who has other material faults.

Legal basis] Article 1091 of the Civil Code of the People's Republic of China has any of the following circumstances, resulting in divorce and marriage, the innocent party has the right to claim damages: (1) bigamy; 2) cohabitation with another person; (3) Carrying out domestic violence to suppress the force; (4) Abuse or abandonment of family members; 5) There are other major faults.

Legal analysis: The determination of the party at fault in the divorce will be recognized as the party at fault as soon as there are statutory circumstances in the party. The statutory circumstances are as follows:

bigamy or cohabitation; committing domestic violence or abusing or abandoning family members; There are bad habits such as gambling and drug use, and they have not been taught to change; Separated for two years due to emotional discord. The law stipulates that husbands and wives should be faithful, respectful and caring for each other.

Legal basis: Civil Code of the People's Republic of China

Article 1043: Families shall establish a positive family style, carry forward family virtues, and attach importance to the establishment of family civilization. Husbands and wives should be faithful, respectful and caring for each other; Family members shall respect the old and love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.

Article 1091:In any of the following circumstances, where divorce is caused, the party who is not at fault has the right to claim damages: (1) bigamy; 2) cohabitation with another person; 3) Committing domestic violence; 4) Abuse or abandonment of family members; 5) There are other major faults.

In any of the following circumstances, it is found to be the party at fault: 1. Bigamy; 2. Cohabitation with other people's hall trousers; 3. Committing domestic violence; 4. Abusing or abandoning family members Chunchun; 5. There are other major faults. The divorce party is the one in which one of the spouses breaks down and divorces due to the unilateral fault of one of the spouses.

Legal basis Article 1091 of the Civil Code of the People's Republic of China provides that in any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages: (1) bigamy; 2) cohabitation with another person; 3) Committing domestic violence; 4) Abuse or abandonment of family members; 5) There are other major faults. The above is the relevant answer to the question and the legal basis, you can read it carefully. ”