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Of course, this court can be made. However, if the court pursues the pregnancy, the opposing lawyer may use your marital infidelity as a ground for divorce, so it will tend to be unfavorable to you in terms of the distribution of property. You live with a netizen and are pregnant, and you don't get a marriage certificate from the netizen, it's not bigamy, it's just a moral issue.
Hire a more experienced lawyer and emphatically state that your divorce is due to a breakdown of relationships.
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This is a crime, I hope you face up to this problem, maintain the growth of the family, feelings are important, a sound emotional suit to each other is a kind of insulation and cultivation, no matter how messy the body is, no matter how much business trips, if there is no divorce, and others have a substantial name or more than a family branch, that is a crime. You must come out of this court now, the divorce is valid, as for the child's matter, it depends on how the two of you coordinate and solve, it is really impossible to negotiate only resort to law, the most likely is moral compensation, if the current husband does not know that you are pregnant now, it is very easy to do, you know, I wish you a happy family and a happy life!
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A man is guilty of bigamy, but children should still be treated in the same way as legitimate children.
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Having a child without a divorce is clearly a violation of the duty of mutual fidelity between husband and wife under the Civil Code, but it does not necessarily constitute a criminal offence. If you obtain a marriage certificate with another person, it is likely to constitute the crime of bigamy. At the same time, if the divorce is caused by bigamy or the cohabitation of a spouse with another person, the innocent party has the right to claim compensation.
Legal basis: Article 1091 of the Civil Code: In any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages (one state file) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults.
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1. Is it illegal to have children with others without divorce?
1. Whether it is illegal to have children with others without divorce depends on the circumstances
1) Having a child with someone else without divorce is obviously a violation of the duty of mutual fidelity between husband and wife under the Civil Code, but it does not necessarily constitute a criminal offense;
2) If you obtain a marriage certificate with another person, it is likely to constitute the crime of bigamy, and you will be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
2. Legal basis: Article 258 of the Criminal Law of the People's Republic of China.
The crime of bigamy] Whoever has a spouse and marries him, or who marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention. Hail stupid.
2. What is the filing process for having a child?
The process of documenting having a child is as follows:
1. Valid ID card for husband and wife;
2. Household registration book and marriage certificate of both husband and wife. If the husband and wife do not have the same household registration, both parties can choose whether to let the child follow the father's household registration or the mother's household registration, and the household registration of the party must go to the police station where the household registration is located to go through the household registration procedures;
3. Medical Certificate of Birth issued by the hospital;
4. The "Newborn Household Notice" proves that parents need to bring the birth medical certificate prepared in advance to the neighborhood committee where they are located to issue it;
5. Birth service certificate stamped with the seal of the street family planning department.
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Summary. Hello dear, having a child with someone else without a divorce is obviously a violation of the duty of mutual fidelity between husband and wife under the Civil Code, but it does not necessarily constitute a criminal offense.
Hello pro-Chang Xing, having a child with someone else without a divorce is obviously a violation of the Civil Code's obligation to be faithful to each other between husband and wife, but it does not necessarily constitute a criminal offense.
Hello. In the <>
The girl is still divorced, and the other party has already given birth to a child, so can the child be registered?
What should I do if I want to register an account?
Hello dear, the woman who is not divorced and has children with others can also be separated from the hukou. The fact that a woman has a child with someone else without a divorce constitutes the crime of bigamy, and a child born to someone else is an illegitimate child and can be registered as a child. Children born out of wedlock have the same rights as legitimate children, and no one may harm or discriminate against them.
The father of a child born out of wedlock shall bear part or all of the child's necessary living and education expenses until the child is able to live independently.
However, the woman must be divorced before she can enter the household.
Otherwise, it will be punished as the crime of bigamy.
It's going to jail.
If you go to the household registration, you will be directly treated as bigamy, right?
Hello dear, this is not a dear.
Hello dear, it's not that serious, it means that if you don't get divorced, you will be prosecuted for bigamy, then it will be a great loss for you.
In this way, the child's account cannot be registered.
The current situation is that she is dealing with a divorce on her side, and he agreed, but she has already given birth to a child here and needs to get a hukou.
Hello dear, you must wait until you are divorced to get married.
It's okay to open an account late.
Then if I go to the household registration consultation now, I can find out if she is married and has children.
Hello dear, can find pro.
It is recommended to postpone the process.
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However, if the other person not only has an illegitimate child, but also registers his marriage with another person without divorce, it constitutes bigamy, and bigamy is an illegal and criminal act. Therefore, having an illegitimate child can only show that he was at fault in the original legal marital relationship, but does not mean that he has broken the law, and only bigamy is illegal.
Legal basis. Article 1084 of the Civil Code of the People's Republic of China [Parent-Child Relationship after Divorce] The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.
After the divorce, parents still have the rights and obligations to raise, educate and protect their children. After divorce, children under the age of two years are directly raised by their mothers. Where the parents of a child who has reached the age of two cannot reach an agreement on the issue of custody, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle that is most conducive to the removal of the minor child.
Where children have reached the age of 8, their true wishes shall be respected.
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