What should I do if I find that my husband is having an affair with another woman? Do you want a divorce?

If a party wants to divorce, it needs to prepare an indictment in duplicate, the original marriage certificate, ID card and photocopy, as well as litigation expenses, and file a divorce lawsuit with the people's court of the defendant's habitual residence or domicile.

After the trial, the court will decide whether to grant a divorce according to whether the relationship between husband and wife has broken down.

When trying divorce cases, the people's court should take whether the relationship between husband and wife has really broken down as the dividing line for granting or not granting divorce. To judge whether the relationship between husband and wife really broke down, we should comprehensively analyze the marriage basis, feelings after marriage, reasons for divorce, the current situation of the relationship between husband and wife, and the possibility of reconciliation.

At the same time, under normal circumstances, personal property before marriage belongs to both parties, and property is divided according to law after marriage.

The criteria for defining the joint property of husband and wife are as follows. Belong to the following scope, should belong to the joint property of husband and wife.

Property acquired by both parties or one party during the marriage relationship is called joint property of husband and wife, which is jointly owned and controlled by husband and wife. The joint property of husband and wife mainly includes the following properties:

(a) wages, bonuses, allowances and other wage income of both spouses or one of them;

(two) the income from the production and operation of both spouses or one of them;

(3) Income obtained by one or both spouses through their intellectual property rights. Refers to the property benefits that husband and wife actually obtain or clearly can obtain during the marriage relationship;

(4) Property inherited or donated by both spouses or one of them, except the property that is determined to belong exclusively to the husband or wife in the will or gift contract;

(five) other property that should be owned by husband and wife, mainly refers to:

(1) The income gained by one spouse through personal property investment during the marriage relationship;

(2) Housing subsidies and housing accumulation funds actually obtained or should be obtained by both men and women during the marriage relationship;

(three) during the marriage relationship, the old-age insurance and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women.

Husband and wife enjoy equal treatment and control over all the property of the above-mentioned husband and wife. Here, equal treatment and control have two meanings. The first layer means that husband or wife have equal rights in dealing with the property of husband and wife. Due to the needs of daily life, either party has the right to decide whether to dispose of the joint property of husband and wife; The second meaning is that the husband or wife should not make important decisions on the property of husband and wife because of the needs of daily life, and both husband and wife should negotiate on an equal footing and reach an agreement. Others have reason to believe that it was expressed by both husband and wife, and the other party shall not oppose a bona fide third party on the grounds of disagreement or ignorance.

The Marriage Law stipulates that the property before marriage belongs to one of the spouses, and the relevant provisions are as follows:

Eighteenth in any of the following circumstances, it is the property of one of the spouses:

(1) one party's premarital property;

Article 19 A husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned by themselves, in whole or in part or in part. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply. (Quote: Articles 17 and 18 here mean that most of the property during the marriage relationship belongs to * * *, and the pre-marital property and other eligible property belong to one party. )

The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties.

The husband and wife agreed that the property acquired during the existence of the marriage relationship should be owned by each other. If the third party knows the agreement, it should pay off all the property owned by the husband and wife.

Article 46 of the Marriage Law stipulates that in case of divorce due to one of the following circumstances, the innocent party has the right to claim damages:

(1) Bigamy;

(two) a spouse living with others;

(3) committing domestic violence;

(4) maltreating or abandoning family members.

According to the law, the court can only support the claim for compensation by the innocent party if the wrong party has the above legal circumstances.