It is the fault of the innocent party that is caused by the other party, and what should I do if I w

1. If evidence can be provided to prove that the fault of the parties is caused by the other party and that both parties are at fault, in the event of divorce, if there is no special agreement before the marriage, the joint property of the husband and wife should be divided equally in principle. Where there is a fault, the joint property of the husband and wife is to be divided less or no according to the degree of fault.

2. Joint property of husband and wife:

1. It refers to the property jointly owned by the husband and wife during the existence of the marital relationship. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife.

2. The husband and wife have equal rights to dispose of the property jointly owned, and one of the spouses shall obtain the consent of the spouse for the disposal of the property during the existence of the husband and wife.

3. Agree on the joint property of the husband and wife:

1. It refers to a property system in which the parties to a marriage agree on matters such as the possession, management, use, income, and disposal of property before and after marriage, as well as the repayment of debts, and the liquidation of property upon the termination of marital relations.

2. Paragraph 1 of Article 19 of the Marriage Law stipulates that: "Husband and wife may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly.

3. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of Articles 17 and 18 of this Law shall apply."

If the innocent party is the defendant and agrees to the divorce, damages can be claimed in divorce proceedings.

Divorce can be done by agreement or litigation. A party who is not at fault can claim a share of the property.

If the at-fault party requests a divorce and the innocent party does not want to divorce, he or she can sue for divorce. Generally, divorce can be done through two ways, one is to negotiate divorce, that is, the husband and wife privately mediate and negotiate to reach an agreement on the division of property and custody between the husband and wife, and the other is to sue for divorce, that is, there are irreconcilable contradictions between the husband and wife, and there is a dispute over the division of property or custody, or one party is divorced, and the other party is not allowed to divorce, you can file a lawsuit with the law and ask the court to judge the divorce.

If the court considers that the relationship between the husband and wife has completely broken down and is still invalid after court mediation, then the court will issue a divorce decree. However, when the property is divided, the party at fault may face a situation of less or no division, so the party at fault files a lawsuit with the court, divorce is an unwise choice, and it is best to negotiate a divorce with your other half in private, so that it will not be too embarrassing for both parties.

If one of the husband and wife has bigamy or cohabitation with others, often uses domestic violence in life, has bad habits such as drug abuse and gambling, and has been separated for more than two years because of the breakdown of the relationship, if one party files for divorce, then the court should allow the divorce to the grandson, but the premise is to provide corresponding evidence, if the fault party sues the court for divorce, there is a feeling of a thief shouting to catch the thief, and the court will also take into account the feelings of the injured party, and will let the wrong party pay more compensation at that time.

Many at fault will use some small means in life to force the injured party to divorce, the injured party split Jane Jane in the face of this situation, must rationally safeguard their own rights and interests, since the other party can make such an immoral behavior, to prove that the relationship between two people has broken down, at this time must keep the relevant evidence of the fault party, and then directly file a lawsuit with the court, and strive to divide more property, which is also the best protection for themselves, love is a process of mutual support, so that it can be long-term.

Then it is impossible for two people to divorce, because both parties must agree to the divorce before they can go through the divorce procedures.

In the face of this situation, it can be solved through divorce, this is because there is no love and affection between two people, so separation is the best way to let Lu go.

The marriage continues. Because the innocent party has the right to refuse the divorce, if the innocent party is unwilling to leave, then the marriage will continue.

Legal Analysis: Compensation for the party at fault in the divorce includes two parts: material damages and moral damages.

1. The degree of fault of the party at fault;

2. The actual damage suffered by the innocent party;

3. The financial resources of the party at fault and the party without fault and the need for future life;

4. The age and health status of both 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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 a divorce is not allowed, and the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Sue for divorce: (1) When the party at fault is the plaintiff in the divorce proceedings, it must be filed in the divorce proceedings; (2) If the defendant does not agree to the divorce and does not file a claim for damages, he may file a separate lawsuit within one year after the divorce; (3) If the defendant does not file a claim for damages in the first instance and submits it during the second instance, the court shall conduct mediation, and if the mediation fails, inform the parties to file a separate lawsuit within one year after the divorce. Divorce by mutual agreement:

1) If the right to claim damages has been waived, the court will not accept it; (2) If the divorce is not waived, it can be filed within one year after the divorce by agreement.

Civil Code of the People's Republic of China

Article 1091.

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

a) bigamy; b) cohabitation with him or the respondent;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Legal Analysis: It can be negotiated or decided by the court. The compensation for the party at fault in the divorce consists of two parts:

Compensation for material damage and moral damage. Since there is no clear standard for moral damages in China, the amount of damages for divorce fault has not yet been determined by the judicial circles, but the following factors can be referred to: 1. The degree of fault of the at-fault party; 2. The damage suffered by the innocent party; 3. The financial resources and future living needs of the at-fault party and the non-at-fault party; 4. The age and health status of both husband and wife; 5. The time and expenses applicable to the education of offspring or to be used for the education of children by both husband and wife; 6. The ability of both husband and wife to earn a living, etc.

Legal basis: In any of the following circumstances in the Civil Code of the People's Republic of China, 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 on the part of Shantan.

Legal basis:

Compensation for the party at fault in the divorce consists of two parts: material damages and moral damages. Since there is no clear standard for moral damages in China, the amount of damages for divorce fault has not yet been determined by the judicial circles, but the following factors can be referred to:

1. The degree of fault of the party at fault;

2. The actual damage suffered by the innocent party;

3. The financial resources and future living needs of the at-fault party and the non-at-fault party;

4. The age and health status of both husband and wife;

5. The time and expenses applicable to the education of offspring or to be used for the education of children by both husband and wife;

6. The ability of the husband and wife to make a living, etc.

Legal basis] Article 46 of the Marriage Law stipulates that if a divorce is caused by any of the following circumstances, 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) Abusing or abandoning family members.