As the saying goes, ten years of cultivation can be crossed in the same boat, and a hundred years of cultivation can be spent together, but there are always some people who violate marital loyalty, violate public morality, and have derailment, domestic violence and other wrongful behaviors, causing serious physical or mental trauma to their spouses. So,Does the party at fault need to bear the corresponding legal liability? Can a spouse make a claim?
Cheating in marriage, divorce to pay?
Plaintiff Xiaomei and defendant Da Zhuang have been married for many years and have had three children together after marriage. August 2022,Because of Da Zhuang's cheating in marriage,Xiaomei sued the court for divorce from Da Zhuang, and after mediation by the court, the plaintiff and the defendant reached an agreement, and both parties will not file a divorce lawsuit within 6 months.
During the cool-down period of the divorce, Xiaomei hopes that Da Zhuang can return to the family and take on the responsibilities of her husbandBut Da Zhuang still cheated on him many times during the existence of the marital relationship. After the expiration of the divorce cooling-off period, Xiaomei filed a divorce lawsuit with the court again and demanded compensation from Da Zhuang60,000 yuan in divorce damages and 50,000 yuan in divorce economic compensation.
After hearing, the court held that the existence of the marriage relationship should be based on feelings, and if the feelings have indeed broken downIf mediation fails, the divorce shall be granted. During the existence of the marital relationship, the husband and wife should have fulfilled the duty of loyalty between the husband and wife, but the fact that Da Zhuang had cheated on him many times during the marriage relationship existedIt is a situation where there are other gross faults that lead to the divorce.
In addition, Xiaomei has taken on most of the housework and taking care of her children for many years, and has a deep relationship with her three children. In the end, the court ruled that the three children were all raised by Xiaomei, and Da Zhuang paid the children's maintenance expenses according to the standard of 1,200 yuan per person per month, and sentenced them as appropriateDa Zhuang paid Xiaomei 30,000 yuan in divorce damages and 50,000 yuan in divorce economic compensation.
Divorce damages
Divorce damages refer to the rights and obligations enjoyed by the husband and wife during the existence of the marital relationshipWhen a marital relationship breaks down due to gross fault on the part of one of the spousesIn the event of material or moral damage to the other party, the party at fault shall:Compensation for the losses of the innocent partyso that the innocent party can get relief.
Application of Divorce Damages
In accordance with the relevant legal provisions,One of the following situations:In the event of a divorce, the innocent party is entitled to claim damages
1.Bigamy:It includes a person who has a spouse who has registered his marriage with another person, and also a person who has a spouse who has not registered his marriage with another person but lives together in the name of husband and wife.
2.Cohabitation with others:A person who has a spouse and other members of the opposite sex shall continue to live together in a stable manner without being husband and wife.
3.Committing domestic violence:One of the spouses physically or mentally violates the other spouse by means of beating, mutilation, restriction of personal freedom, and frequent verbal abuse and intimidation.
4.Abuse, abandonment of family members:Abuse refers to the use of beatings, scolding, starvation, sickness, and other methods to destroy and torture family members, causing them to suffer physical and mental pain; Desertion refers to the failure of a person who has an obligation to support, raise or support a person who is old, young, sick or otherwise incapable of independent living.
5.There are other gross faults:One of the spouses has other circumstances that cause serious damage to the other party, such as adultery, having children with others, ** drug abuse, etc.
Who Can Claim Divorce Damages?
The prerequisites for divorce damages are:Both men and women have a legal marital relationshipIf the parties are not registered for marriage and are only in a romantic relationship or cohabitation relationship, they cannot file a claim for damages for divorce. The subject of the divorce claim for damages must be in the marital relationshipNot at fault party, the subject of liability is:The party at fault
IfBoth husband and wife are at faultFor example, if one party cheats in marriage and the other party also cohabits with another person, then both husband and wifeNone of them have the rightClaim for damages.
How to Exercise Your Right to Claim Damages for Divorce?
Divorce by Litigation:
The innocent party is the plaintiffIf a request for divorce damages is filed with the court, it must be:Divorce proceedings are filed at the same timeand to meet the requirements of the people's court's judgment to grant the parties a divorceThe marriage was indeed dissolvedThe result of the conditions.
2.The innocent party is the defendantIf the defendant does not agree to the divorce and does not file a claim for damages, but the court finally decides the divorce and one party has the statutory fault of the divorce damagesThe innocent party may file a separate lawsuit in this regard.
The innocent party did not file a claim for damages in the first instance, but raised it during the second instanceThe people's courts shall conduct mediation；If mediation fails, inform the partiesSeparate prosecution. Where both parties agree that the second-instance trial court will hear the case together, the second-instance trial court may make a joint judgment.
Divorce by mutual agreement:
Where both parties have already completed the divorce registration formalities at the marriage registration authority, and the conduct of the party at fault meets the above five circumstances and leads to the divorce of both partiesThe innocent party can still file a claim for divorce damages with the court.
However, where the request has already been clearly waived at the time of divorce by mutual agreement, the people's court will not support it. Note that the right to claim damages for divorceThe statute of limitations period is 3 yearsCalculated from the date on which the innocent party knew or should have known that the right had been infringed.
Scope of damages for divorce
1.Compensation for material damages,Refers to the actions of the party at faultThe actual loss caused to the other party,Such as medical expenses, paternity testing fees, etc. The innocent party needs to bear the burden of proof for the loss caused by the other party's wrongdoing.
2.Moral damages,It refers to the mental damage caused by the at-fault party to the innocent party, or the at-fault party to the innocent party due to infidelity, bigamy, etcMental trauma caused。The specific amount will generally be determined by the court based on factors such as the degree of fault of the actor, the occasion of the execution, the consequences, the economic capacity of the actor, and the local standard of living.
In a marital relationship, both husband and wife shall:Be faithful, respectful and caring for each otherIf the relationship is irretrievable, then protect your legitimate rights and interests.
Note: The name of the person in the article has been changed, and the information quoted in the case is from Xihai***
*From the Internet, invaded and deleted.