Husband cheating can divorce to claim compensation

If the cheating party, after the discovery, or did not give up their marriage, will also take the initiative to divorce, then you can to grant a divorce. The party at fault shall compensate the other party for the losses suffered as a result; both parties are at fault for part of the burden of each party or both **** the same. The party at fault shall compensate the other party for the damage suffered as a result of the other party and other liabilities, the specific amount according to the degree of fault and the specific circumstances.

1, in general, if the other party exists bigamy, with others in general, the fact of their own derailment exists and in the bigamy of a party, there is also with others, then she can file a request for divorce. But if she has evidence to prove that the fact of their own cheating does not exist, then she is also able to file a divorce relief. This is a basic element of the moral code of conduct for marriage of our citizens, the marriage relationship should be challenged, that is, it should be prohibited from divorce, if during the marriage relationship there is a violation of the duty of fidelity or one of the other circumstances that lead to the breakup of conjugal feelings.

2, if after the divorce and found that the other party has the above behavior, then you can also ask for damages, and require them to fulfill the marriage registration procedures within a certain period of time or to make up the marriage registration procedures so as to obtain the divorce compensation.

If the marriage registration, the husband and wife are voluntary, and in the marriage registration procedures, neither party asked the other to provide financial income and property, there is no to the people can ask the other party to bear the loss of property or moral damages. Since China's marriage law clearly stipulates that after divorce one party can request compensation from the other party for financial losses. Therefore even if one party has been divorced, if the other party in then still can not to can only be resolved through other ways. In addition, this is also a reflection of the increased protection of women's rights and interests.

3, but if there is bigamy or with another person is required to compensate the other party for the losses suffered due to cheating.

About the specific amount of loss, specific can be determined according to the local law standards. The Supreme People's divorce without fault, a party requesting compensation for moral damage shall be supported. Article 22 provides that: due to bigamy, with another person without fault party has the right to request compensation for damages; but there are other major fault except. No-fault party can be mentioned to the victim can be mentioned according to law no-fault party can also be mentioned according to law for the division of property and other claims and claims for damages benefits are available for the combined calculation.

In the case of property division, the property itself has not changed, the division of property after the divorce is still in accordance with the actual division of property to calculate the amount of damages. Of course there may be many different methods of calculation, and in matrimonial cases there will be a variety of different situations. So for such cases, it is important to choose the right legal way. Article 33 of the Marriage Law of the People's Republic of China **** and the State provides that: when divorced, one of the following circumstances, resulting in the Marriage Law, article 34, paragraph 1, the party not at fault shall have the right to request for damages: (a) bigamy or with another person the woman shall have the right to request for damages in the damages in one of the sums of one-half of the amount of money as compensation for moral damages or compensation for material damages.

5, in addition to the above, there are other serious violations are responsible for the corresponding damage claims.

For example, intentional injury, to harm the body of others for the purpose of civil or criminal acts caused by other people's damages or social hazards are required to bear the corresponding liability. For example, traffic accident compensation and so on can find the marriage tortfeasor claims; if the plaintiff needs to go in accordance with the lawsuit request to carry out a certain burden of proof to prove that the other party is at fault; and the defendant is at fault need to prove that the other party is at fault and have a certain degree of fault, and so on. This is also to prevent a series of pain caused by mental injury to both spouses. But the above are only for the marital cheating and the claim, if the other party is really at fault is to be based on the degree of fault to carry out a certain responsibility.