What should I do if a spouse cohabits with another person and a dispute arises?

Updated on society 2024-05-04
5 answers
  1. Anonymous users2024-02-09

    Bigamy and cohabitation of a spouse with another person are two different acts of contravention of the Marriage Act, and there is an essential difference between them. Bigamy is a criminal act in violation of the Criminal Law, which refers to the act of a person who has a spouse marrying another person or the perpetrator marries another person knowing that another person has a spouse, and commits the crime of bigamy, in accordance with the provisions of article 258 of the Criminal Law, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. Cohabitation between a spouse and another person refers to the continuous and stable cohabitation of a spouse and a person of the opposite sex outside of marriage without being husband and wife, and there are three elements for constituting a spouse cohabiting with another person:

    1. Those who have a spouse; 2. Not in the name of husband and wife; 3. Continuous and stable co-living. If these three elements are met, it constitutes the act of cohabitation between a spouse and another person. Such an act is a serious violation of the provisions of the Marriage Law, and the innocent party of the legal couple should be stopped in accordance with the law, but this kind of behavior does not violate the provisions of the Criminal Code.

  2. Anonymous users2024-02-08

    1) This is already guilty of bigamy, if 2 people still want to be friends in the future, go to the Civil Affairs Bureau to simply go through the divorce procedures, if you must tear your face, then go to the court to sue him (her) for bigamy! (2) Go to the Civil Affairs Bureau to explain the situation and you can go through the divorce procedures, if there is a property dispute, the two people have not negotiated, go to the court to sue and let the court decide! Hope it helps

  3. Anonymous users2024-02-07

    Legal Analysis: China's Criminal Law has made clear provisions on the sentencing standards for the crime of bigamy. In general, the offence of bigamy usually refers to the act of breaking up a marriage with a person who has a spouse knowing that another person has a spouse, or knowing that he or she has a spouse.

    Under normal circumstances, a person who has a spouse and another person cohabits may be suspected of bigamy. The relevant legal repentance laws and regulations in China are correct, and criminal suspects who commit bigamy crimes will generally be sentenced to fixed-term imprisonment of less than two years, or criminal detention.

    Legal basis: Article 258 of the Criminal Law of the People's Republic of China The crime of bigamy refers to the act of marrying a person who has a spouse knowing that another person has a spouse, or knowing that he or she has a spouse. Whoever has a spouse and marries another person while knowing that he or she has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.

  4. Anonymous users2024-02-06

    Legal analysis: If the other party intends to divorce, he or she can file a divorce lawsuit with the court and ask the court to grant a divorce.

    Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with 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 should be granted.

    In any of the following circumstances, if the mediation fails, the 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 divorce is not permitted, the parties have been separated for one year or more, and one party files a divorce lawsuit again, the divorce shall be granted.

  5. Anonymous users2024-02-05

    The legal consequences of cohabitation between a spouse with a person who has permeated pants are as follows: it can be used as a ground for the parties to apply for divorce, and if the scumbag claims that he has a spouse and marries him blindly, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. The offence of bigamy is generally punishable by up to two years' imprisonment or criminal detention.

    The law prohibits bigamy and prohibits a person who has a spouse from cohabiting with another person, and in the case of bigamy with a spouse or marrying another person knowing that he or she has a spouse, shall be sentenced to imprisonment for not more than two years or criminal detention.

    [Legal basis].

    Article 1042 of the Civil Code of the People's Republic of China prohibits arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage. Bigamy is prohibited.

    It is forbidden for a spouse to cohabit with another person. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.

    Article 258 of the Criminal Law of the People's Republic of China: Whoever has a spouse and marries a person who marries another person knowing that he has a spouse shall be sentenced to up to two years imprisonment or short-term detention.

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