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How to deal with the derailment law
1. The legal treatment of cheating is as follows:
(1) The court mediates both parties first. If the innocent party understands the fault of the wrong party, the wrong party is willing to accept mediation, and both parties have a basis for mediation, the court will mediate.
(2) If the contradictions between the two parties are irreconcilable, or one party insists on divorce, the court will generally decide to divorce. When the court decides divorce, it will take care of the innocent party according to the actual situation.
2. Legal basis: Article 1079 of the Civil Code of People's Republic of China (PRC).
If one of the spouses requests a divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
Second, how to collect evidence of marital infidelity
1. Letter of guarantee and repentance signed by one party;
2. If there is a prostitute, the police will record it;
3. Double-sending letters, text messages and WeChat screenshots;
4, photos, audio and video materials.
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