About Divorce and Third Parties 20, About Divorce and Third Parties

Personal opinions, according to the truth, objective, without emotional tendencies)

It is not possible to sue a third party.

I can tell you clearly: the law does not pursue the third party, and from another perspective, the third party is also a victim.

If your parents' relationship has broken down, then divorce, first agree, if your father does not agree, you can sue for divorce, (if you have a spouse and live with others, it is generally divorced); and can demand compensation from the man (the law stipulates that the party at fault can be required to compensate for damages, and cohabitation with another person by spouse is stipulated in the marriage law as a fault).

Thirdly, it shows that in the legal relationship of divorce, the two parties only divorce due to the breakdown of the relationship between the husband and wife, and have nothing to do with the third party.

As for the argument that the relationship between the husband and wife is not in harmony because of a third party, in fact, one of the husband and wife has lost confidence in the relationship between the husband and wife, or has felt that the relationship between the husband and wife has broken down, and finding a third party is only a substitute for the relationship, and the root cause is still one of the husband and wife, not the third party.

Sue it, long pain is better than short pain, sometimes you won't learn a lesson if you don't get a heavy blow, the third party, a slap doesn't make a sound, just imagine, if you sue a third party, will your father come back to you? He may hate you, be decisive, your father is an adult, he should be responsible for his actions, as a child, you have to bear these things, I think this father is too cruel and incompetent.

Hehe, as a daughter, if you want to see a happy family, in fact, you can start with your father, you can do some opportunities for your father and your mother to be alone.

Try not to let that third party have time to contact your dad.

If your dad loves you very much, it's even better.

You don't have to go to court

But if you just want your dad to make some compensation for you, then you can sue, but my advice is to hope that your family is harmonious...

It's not normal for a man to be careless.

Hehe, as a daughter, if you want to see a happy family, in fact, you can start with your father, you can do some opportunities for your father and your mother to be alone.

Try not to let that third party have time to contact your dad.

If your dad loves you very much, it's even better.

You don't have to go to court

But if you just want your dad to make some compensation for you, then you can sue, but my advice is to hope that your family is harmonious...

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 divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings 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.

If the third party clearly knows that the other party has a spouse to marry him, or lives with another person in the name of husband and wife, it constitutes the crime of bigamy, and may file a lawsuit with the people's court to pursue his criminal responsibility.

[Legal basis].

Article 258 of the Criminal Law of the People's Republic of China.

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.

Article 1, Paragraph 2, Point 4 of the Supreme People's Court's Interpretation of the Criminal Procedure Law of the People's Republic of China.

Private prosecution cases directly accepted by the people's courts include:

Minor criminal cases in which the People's Procuratorate did not initiate a public prosecution and the victim had evidence to prove: bigamy cases (as provided for in Article 258 of the Criminal Law), etc.

In cases provided for in this paragraph, where the victim directly files a lawsuit with the people's court, the people's court shall accept it in accordance with law. Where the evidence is insufficient and can be accepted by the public security organs, or where it is found that the defendant might be sentenced to three years imprisonment or more, the victim shall be informed to report the case to the public security organs, or transferred to the public security organs for filing and investigation.