The act of cohabiting with another person without a divorce is considered illegal under the law and requires corresponding civil and criminal liability. According to the civil provisions, if the relationship between the spouses breaks down and the divorce is caused by the cohabitation of one party, the cohabiting party is liable to pay moral damages to the other party. In criminal terms, if a person cohabits with another person in the name of husband and wife, it can constitute the crime of bigamy and can be sentenced to imprisonment for up to two years or criminal detention.
During the duration of the marriage, there is a duty of mutual fidelity between the husband and wife and they are expected to support each other. The law does not prohibit a married person from having feelings outside of marriage, but if the relationship has broken down, divorce should be taken in a timely manner rather than cohabitation. Cohabitation before a divorce is a violation of the marriage law and may even be a violation of the criminal law.
Therefore, cohabitation with another person without a divorce is an illegal act, which may incur civil liability and constitute the crime of bigamy. It is recommended that couples should follow the legal procedures to go through divorce procedures after the breakdown of their marriage relationship to avoid the occurrence of illegal acts.
Article 1079 of the Civil Code 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 shall be granted.
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