Is having a mental girlfriend without having sex and divorce the party at fault? 50

It should also be regarded as the party at fault.

I think it's hard to say, mentally this kind of thing can't be seen or touched, and it shouldn't be judged that the wrong party is at fault.

It seems that there is no such thing as a legal relationship, and if you don't have sex, you can't determine the party at fault, right? You can learn about the relevant legal knowledge.

You're just a couple.

There is no talk of divorce.

because you are not married.

So there is no question of divorce.

So there is no question of right or wrong between you.

It's okay for everyone to live their lives.

Yes. It's also not right mentally. And there is no and.

This is not a fault under the law.

It must be! Dude, are you not good or what's wrong? You don't move when you hug a woman, of course, doesn't this woman take the initiative? I suspect you're driving!

In this case, it depends on the other party's accusations against you, or it is better not to divorce and cherish your current days.

In this case, as you said, he is the party at fault, but you need to go out and prove it and ask the court to help you.

Article 46 of the Marriage Law 1 Bigamy; 2. A person who has a spouse cohabits with another person; 3. Committing domestic violence; 4. Those who abuse or abandon family members are judged to be at fault, and the loss of love is only a breakdown of the relationship, not the fault party.

Some marriages are because the feelings behind them are gone, so there is no one right or wrong in this matter and they are not in love, therefore, don't deliberately find any fault party, if you don't love, don't wear it together and force it to be together, which will make people more depressed.

No, if you don't love, you don't love, and there is no one right or wrong.

You can find these things about the other party and make the other person wrong.

If he lets you live alone, he lives with the children.

If you have a computer, you can also chat online.

Idle. Neglected and bored.

You loved him and were willing to be with him.

Later, when you have a child, do you give most of your feelings to the child?

How important is your husband in your mind?

Is he lonely?

Everything happens for a reason.

Both parties are responsible.

Not much more. Fate should be cherished.

If you are divorced, you can find someone again.

Only children are pitiful.

In fact, I think it's nothing, he may be a little depressed and can't be relieved, only on the Internet can you find the decompression, or get the decompression, I don't think it's okay to talk to others, it won't affect the current life, that's fine, you can't control him too tightly, so as not to **.

It is not considered a separation, and you can directly sue for divorce on the grounds of relationship breakdown and personality incompatibility. But find more than 2 witnesses, each of whom writes you a certificate to prove that you are not in agreement, and you can file a lawsuit.

Usually the court will mediate, and your marriage relationship is not hopeless. If you have to divorce, it is okay to live apart for two years.

If you sue for divorce, you will sue him for a third party.

According to Article 46 of the Marriage Law, if any of the following circumstances leads to divorce, the innocent party 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.

The above are some of the behaviors where one party is at fault, and the conditions you give are very general and not a good judgment, but you can feel that the relationship between the husband and wife has broken down, and the joint property of the husband and wife is to be distributed according to the law, but the party at fault gives you a certain amount of compensation for the party who is not at fault, and the amount of compensation is based on the family situation and the size of the fault.

According to Article 46 of the Marriage Law of the People's Republic of China, if any of the following circumstances leads to divorce, the innocent party 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.

The amended Marriage Law stipulates a system of compensation for divorce damages, that is, Article 46 of the Law proposes: bigamy; a person who has a spouse cohabiting with another person; committing domestic violence; In the event of divorce due to abuse or abandonment of a family member, the innocent party has the right to claim damages. This provision was made in full consideration of the current situation of marriage and family in our country and for the purpose of maintaining healthy marriage and family relations, and is of great practical significance for sanctioning those who are at fault in divorce, protecting the innocent party, and safeguarding the legitimate personal rights and interests of the parties to the marriage.

This is reflected in litigation practice, where one party files a divorce lawsuit and claims damages on the grounds that the other party has had an extramarital affair or committed domestic violence.

Since the basis of China's right to claim damages for divorce is tort, according to the provisions of Article 46 of the Marriage Law and Article 29 of the Interpretation, in addition to the general constitutive elements of damages, i.e., tort, fault, fact of damage, and causal relationship, China's liability for divorce damages also needs to have another special element, that is, one party must file for divorce.

1) Infringement. Article 46 of the Marriage Law adopts the method of enumeration, and the constitutive elements of tort include: bigamy; a person who has a spouse cohabiting with another person; committing domestic violence; Abuse and abandonment of family members. Other circumstances are not included in the scope of divorce damages.

2) Fault. As long as there is one of the circumstances provided for in Article 46 of the Marriage Law, the parties shall be deemed to be at fault.

3) The fact of the damage and the causal relationship. Article 28 of the Interpretation clearly stipulates that "damages" as provided for in Article 46 of the Marriage Law include compensation for material damages and compensation for moral damages. Where compensation for moral damages is involved, the relevant provisions of the Supreme People's Court's "Interpretation on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall apply.

Thus, the fact of damage includes both material and moral damage. Since the basis of divorce damages in China is tort, "damage" only refers to property damage and non-property damage caused by the four circumstances listed in Article 46 of the Marriage Law.

Based on the above situation, you can see that even if your wife has sex with a netizen, it does not belong to any of the circumstances under Article 46 of the Marriage Law, but you beat your wife to the point that she "broke two ribs", in this case, if you file for divorce, your wife can file for compensation because you committed domestic violence.

Article 46 of the Marriage Law stipulates: bigamy; a person who has a spouse cohabiting with another person; committing domestic violence; In the event of divorce due to abuse or abandonment of a family member, the innocent party has the right to claim damages. If it is a normal dating chat, it does not fall under any of the circumstances of Article 46 of the Marriage Law, and the other party is not at fault.

It can be counted as evidence, but it depends on the content. If it's an ordinary friend chatting, it won't help.

If it is a normal dating chat, the other party is not at fault, unless you can prove that the other party has an improper relationship between men and women. Also, if you want a divorce, you can go directly to the court to file a divorce lawsuit.

If she had sex with someone else, of course she was also at fault. You broke both of her ribs, and the fault is even greater.

If, during the existence of the marital relationship, one of the parties falls under one of the circumstances provided for in Article 46 of the Marriage Law, the innocent party may claim moral compensation.

Article 46 of the Marriage Law In any of the following circumstances, if a divorce is caused, the innocent party 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.

First, whether the innocent party can claim moral compensation is not necessarily, and it is necessary to look at the detailed reasons and extent of the fault.

Moral damages in divorce refers to the divorce due to the fault of one of the spouses, such as adultery, concubinage, bigamy, abandonment, abuse or spouse's behavior, which causes mental pain and inner trauma to the innocent party, resulting in the breakdown of the marital relationship and divorce, and the innocent party has the right to claim compensation from the wrong-fault party for the moral damage suffered.

The implementation of compensation for moral damages at the time of divorce enables the party at fault to receive economic sanctions, so that the innocent party can receive economic compensation and spiritual comfort, which is conducive to effectively safeguarding the legitimate rights and interests of the innocent party.

Second, what is the scale of divorce compensation for bigamy? Bigamy is the act of marrying another person who has a spouse.

In the case of divorce caused by bigamy, the innocent party may claim damages for divorce.

The damage to the feelings of the husband and wife is irreparable, and the mental damage caused to the innocent party is enormous than the concealment of the at-fault party.

Therefore, in the case of divorce caused by bigamy, the damages for divorce are mostly moral damages.

In terms of the scale of moral damages, there is no clear amount for each region, and the economic capacity of the party at fault is an important criterion for reference.

3. What is the scale of divorce compensation for a spouse who cohabits with others? Cohabitation with another spouse is not the same as bigamy, one is to form a promiscuous cohabitation relationship with another person, and the other is to establish a legitimate marital relationship with another person, but the damage to the divorced family is the same, therefore, if a spouse cohabits with another person, the innocent party can also claim compensation for moral damages.

Fourth, what is the scale of divorce compensation for domestic violence? If domestic violence leads to divorce, the standard of damages for divorce is different from the previous two.

Compensation includes compensation for personal injury, compensation for property damage, and compensation for moral damage.

For example, medical expenses, lost work expenses and other personal injury compensation.

The scale of compensation for moral damages is also determined on the basis of the actual circumstances of the damage caused.

5. What is the scale of divorce compensation for those who abuse and abandon family members? In the case of abuse and abandonment of family members, the scale of damages for divorce is the same as for domestic violence, and in addition to compensation for moral damages, compensation for personal injuries such as medical expenses and lost work expenses can also be claimed.

Through the introduction of the above content, we know that when a husband and wife divorce, if it is caused by the statutory fault of one party, then the innocent party can claim damages for divorce.

However, in this case, whether or not compensation for moral damages can be claimed for entering the industry still needs to be determined according to the actual situation.

The Marriage Law and its related provisions state that the at-fault party is required to compensate the other party when dividing the property, and the innocent party is also required to be taken care of when dividing the property. China's "Marriage Law" stipulates: "In any of the following circumstances, if the divorce is caused, the innocent party shall 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. "Therefore, if a divorce is made due to the fault of one of the spouses during the existence of the marital relationship, the joint property of the husband and wife shall be divided equally, and there is no provision that the at-fault party shall have a small or no share, but the innocent party may claim damages from the at-fault party, and of course, the law does not prohibit or interfere with the voluntary renunciation of the share of the marital property by one party.