I remarried, the other party is not divorced, I don t know, can I sue him for cheating

It is possible to sue for divorce.

Several Specific Opinions of the Supreme People's Court on How the People's Court Determines in the Trial of Divorce Cases that the Relationship between Husband and Wife Has Truly Broken Down

When a people's court hears a divorce case, whether or not a divorce is granted or not, the distinction shall be based on whether the relationship between the husband and wife has truly broken down. To determine whether the relationship between husband and wife has truly broken down, a comprehensive analysis shall be made from aspects such as the basis of marriage, postmarital feelings, reasons for divorce, the current state of the relationship between husband and wife, and whether there is a possibility of reconciliation. According to the relevant provisions of the Marriage Law and the practical experience of adjudication, in any of the following circumstances, it shall be deemed that the relationship between husband and wife has truly broken down.

If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law.

1. One party suffers from a disease that is legally prohibited from marriage, or one party has a physical defect or other reasons that prevent sexual intercourse, and it is difficult to **.

2. Lack of understanding before marriage, hasty marriage, and lack of marital relationship after marriage, making it difficult to live together.

3. Concealing mental illness before marriage and not being cured after marriage, or marrying the other party knowing that the other party is mentally ill before marriage, or one of the spouses suffering from mental illness during the period of living together and not being cured for a long time.

4. One party deceives the other party, or falsifies the marriage certificate during marriage registration.

5. After the marriage is registered, the parties do not live together, and there is no possibility of reconciliation.

6 Arranged or bought or sold marriages, where one party files for divorce immediately after the marriage, or where they have lived together for many years but have not established a relationship between husband and wife.

7. Where three years have elapsed since separation due to emotional discord and there is no possibility of reconciliation, or where divorce has been granted by a people's court and divorce has been granted for another year, and each other has not fulfilled their obligations as husband and wife.

8 Where one party commits adultery or illegally cohabits with another person, and there is no sign of repentance after education, and the party who is not at fault sues for divorce, or the party at fault sues for divorce, and the other party does not agree to the divorce, and after criticism, education, punishment, or after the people's court has ruled that the divorce is not allowed, the party at fault sues for divorce, and there is no possibility of reconciliation.

9 Where one party has bigamy and the other party files for divorce.

10 One party has a habit of indulgence, gambling, etc., does not fulfill family obligations, and refuses to change his or her teachings, making it difficult for the husband and wife to live together.

11. One party has been sentenced to a long-term prison sentence in accordance with the law, or has violated the law or committed a crime that seriously hurts the feelings of the husband and wife.

12 Where one party's whereabouts have been unknown for two years, and the other party sues for divorce, but no whereabouts are found through public announcement.

13 Those who have been abused or abandoned by the other party, or who have been abused by the other party's relatives, or who have abused the other party's relatives, and who have not changed their ways after education, and the other party has not forgiven.

14 The relationship between husband and wife has broken down due to other reasons.

The situation encountered by the woman falls into the fourth case.

This is a violation of the law, and it must be exposed, you can go to the police station where his household registration is located, ask for an inquiry, explain the situation, show your ID card, and ask them to help you. In addition, the fraudulent marriage is required to be seen, and the account is not seen. In fact, it is an illegal cohabitation without obtaining legal registration formalities.

I can't tell that it's bigamy.

Legal analysis: If you marry the other party without telling each other that you have a marriage history, it is not an act of cheating on marriage, but only concealing your own marital situation.

Legal basis: "Criminal Law of the People's Republic of China" Article 266 Where public or private property is defrauded and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

If the husband is not told that he has ever been divorced, as long as he has not defrauded the purpose and behavior of obtaining property, it is not considered to be a fraudulent marriage. If the marriage is used as a bait to defraud money, or if the marriage is concluded by deception, it is considered a fraudulent marriage. If the amount obtained by fraud is relatively large, it can constitute the crime of fraud.

Legal basisArticle 258 of the Criminal Law of the People's Republic of China.

Whoever has a spouse and marries another person, or marries another person with the knowledge that he or she has a spouse, is to be sentenced to up to two years imprisonment or short-term detention.

Article 266.

where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, the court is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

Summary. Hello, I'm glad to answer for you, divorced and remarried, without telling the man, if there is no purpose and behavior to defraud property, this is not considered a fraudulent marriage.

Hello, I'm glad to answer for you, divorced and remarried, without telling the man, if there is no purpose and behavior to defraud property, this is not considered a fraudulent marriage.

If marriage is used as a bait to deceive money and repentance, or if the marriage is concluded by deception, it is considered a fraudulent marriage. If the amount obtained by fraud is relatively large, it also constitutes the crime of fraud.

That is to say, if you have divorced and remarried, and you haven't told the man, this situation is generally not considered a fraudulent marriage, because this is also the privacy of the other party, and you don't need to tell it.

If one of the parties to the marriage has a history of marriage and does not say it, generally the other party cannot sue on the grounds of marriage fraud, and the general marriage fraud is subjectively malicious in deception, and the act of taking a large amount of money after marriage is carried out. According to Article 10 of the Marriage Law of the People's Republic of China, the marriage shall be invalid under any of the following circumstances: (1) bigamy, (2) there is a relative who prohibits marriage, Guan Tanliang, (3) there is a disease that is medically considered unsuitable for marriage before marriage, and (4) it has not reached the legal age of marriage.

Article 11: Where marriage is entered into due to coercion, the coerced party may request the marriage to be revoked by the marriage registration authority or the people's court. A request by the coerced party to annul the marriage shall be submitted within one year from the date of registration of the marriage. Where a party whose personal liberty has been unlawfully restricted requests the annulment of marriage, it shall be submitted within one year from the date on which personal liberty is restored.

Legal analysis: If you marry the other party without telling the other party that you have a marriage history, it is not an act of cheating on marriage, but only concealing your own marital situation, and it is not illegal possession of the other party's property. Determination of fraudulent marriage:

First, from the perspective of the time when the criminal intent arises, the criminal intent of the crime of defrauding money by marriage often occurs before the marriage relationship is established; Having the criminal intent to illegally take possession of other people's money is an important constituent element in determining the crime of marriage fraud. Second, in terms of objective behavior, the method of fabricating facts and concealing the truth was adopted to deceive the victim's trust. Third, from the perspective of the ownership of the property obtained by fraud, the property obtained by fraud is the property of one party before marriage or the property of other persons who have a relationship with the victim, and does not belong to the joint property of both "husband and wife" after the marriage relationship is established.

Fourth, after the case is discovered, with reference to the attitude of the victim, the judicial organ may consider whether it is necessary to prosecute the crime, so as to achieve the unity of the legal effect and the social effect.

Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment is to be given, with a suspended concurrent fine; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.