Legal Gas Station has been getting a lot of inquiries about divorce lately. The legal provisions on damages for divorce are briefly summarized. If necessary, they may take a look at the relevant provisions of the "Civil Code of the People's Republic of China" on marriage and family and the "Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China" according to their own circumstances.
1. Applicable circumstances of divorce damages.
Applicable circumstances for damages in divorce: (1) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) Other major faults (Article 1091 of the Civil Code of the People's Republic of China). In real life, one party generally cheats during the existence of the marriage and has children outside, the children born during the existence of the marriage relationship are not their own (such as the "three-child non-biological case" that boiled last year), and domestic violence is the majority.
2. Scope of damages for divorce.
Damages include material damages and moral damages (Article 86 of the Interpretation (I) of the Marriage and Family Section of the Civil Code of the People's Republic of China). According to the existing court cases, courts and judges in different regions determine moral damages according to specific circumstances, and the compensation for moral damages generally does not exceed 50,000 yuan, and generally the discretion is in the range of 10,000 yuan to 30,000 yuan.
3. How to mention divorce damages?
1. The innocent party sues as the plaintiff and must file a request to the court for the defendant to bear the divorce compensation when suing for divorce.
2. If the innocent party is the defendant and does not agree to the divorce and does not file for damages, he may file a separate lawsuit. If it is not mentioned in the first instance, and it is mentioned again in the second instance, it must be seen whether the other party agrees. If the other party agrees to mediation, the court of second instance may mediate; If the other party does not agree to mediation, it will still have to file a separate lawsuit. Where both parties agree that the second-instance courts will hear the cases together, the second-instance courts may make joint judgments.
4. Limitation of damages for divorce.
1. If the two parties agree to divorce and the request has been expressly waived in the divorce agreement, the divorce cannot be sued for divorce damages after the divorce registration is processed.
2. If both parties are at fault, the court will not support the claim that the other party bears damages.
3. If you sue for divorce but the court does not grant a divorce, the court will not support the damages alone, and the premise of divorce damages is that the divorce must be divorced (judgment, mediation, and divorce registered by agreement).
4. If a person claims damages alone without suing for divorce, the court will not support it.