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Only men are guilty of bigamy. You have to collect evidence of the man's life with the woman outside, such as **, whether the surrounding people can testify. Also, the child they had together is the most powerful evidence.
The husband is at fault, and the woman can share more of the property, and at the same time, if the three children are divorced and the woman is followed, the woman has the right to require the man to pay the maintenance of the woman's three children until the age of 18.
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This situation generally does not constitute the offence of bigamy because they have not registered their marriage unless they have been together in the name of husband and wife and are considered by the public to be husband and wife, and the offence of bigamy may be established.
If the crime of bigamy is established, the crime of bigamy is a public prosecution case, and it is not necessary to collect evidence on your own, but you can report the case to the public security organs.
For the division of family property, the party at fault does not divide or share less, so as to compensate the innocent party. That is, the woman can score more.
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The most powerful evidence for the crime of bigamy is that the illegitimate child is outside, as long as the DNA test proves that it is the man's child, it can be sentenced to a maximum of 3 to 4 years, as for the property, although the man is the party at fault, but his illegitimate child will enjoy the normal right to divide the property, that is, his illegitimate child has the same rights as the child in his marriage. This is something that no one can change.
If the child outside is not the man's, then it will be difficult for you to sue him for bigamy, even if you are caught, you can only prove that they are living together or adultery, in addition to doing DNA testing for the child, you just find more evidence will only hurt the liver and lungs, and it will not play a big role, this is the inadequacy of China's marriage law, after you have to sue, the court will let them do it, so you don't have to worry about them not doing it.
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1. If you want to sue for divorce, do both parties commit the crime of bigamy?
First of all, there is no way to directly identify it. Because in the civil case of divorce, the crime of bigamy is a criminal case, and due to the difference in litigation procedures, it cannot lead to a direct determination of the crime of bigamy.
Secondly, if a man and another woman have not registered their marriage, and have not lived together as husband and wife, and the public considers them husband and wife, the mere birth of another child will not be considered a bigamy offence.
2. How is the crime of bigamy sentenced?
He was sentenced to fixed-term imprisonment of not more than two years or short-term detention.
3. How to divide the family property?
The woman can give more points appropriately. At the same time, damages may be claimed in accordance with Article 46 of the Marriage Law.
Attached: Marriage Law:
Article 46: In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:
1) bigamy;
2) A person who has a spouse cohabits with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members.
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Even if the man is guilty of bigamy, although he has not been married twice, but he has cohabited with the woman and has children, it has constituted actual bigamy, you can get a divorce and get more property.
You need to state the specific problem in detail.
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If you have different opinions on the division of property, you can go to the court to sue for divorce, and the court will make a judgment on the joint property of the husband and wife according to the evidence provided by both parties.