Can a woman sue a mistress if a man cheats?

According to the law, the wife can sue, and the other spouse has the right to claim damages under legal procedures, including material damages and mental damages. The circumstances that have the right to claim damages are: one party is bigamous; The act of one party cohabiting with others; One party commits domestic violence; One party maltreats or abandons family members; There are other major mistakes, etc.

1. Can a man's lawful wife sue mistress for cheating?

A man's cheating wife can sue mistress, but if the other party has bigamy, she must sue. Divorce disputes caused by the intervention of a third party should first distinguish right from wrong, give criticism and education to the party at fault and the "mistress", or suggest the relevant organizations to deal with them seriously. If the wrong party asks for a divorce, if the relationship between husband and wife is harmonious and the feelings have not yet broken, the other party understands that mediation should be done again and the work should be done well. Even if mediation fails, it can be ruled that divorce is not allowed.

Second, what is the principle of divorce property division caused by derailment?

1, both parties decide through consultation.

At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.

In other words, the division of property between husband and wife in divorce should be based on the principle of consensus, and one party can't decide.

2. Equality between men and women.

The principle of "equality between men and women" cannot discriminate against women, nor can it be thought that women should get less points if they earn less. When a husband and wife divorce and divide the same property, they should respect and protect women's rights.

3. Take care of the rights and interests of children and women.

If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.

4. The principle of compensation.

If a husband and wife take on more obligations because of raising children, caring for the elderly and assisting the other spouse in work, they have the right to ask the other spouse to pay compensation at the time of divorce, and the other spouse should pay compensation. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment. It refers to the division of husband and wife's property according to law. One party who performs more obligations can claim compensation from the other party and pay from the divided property. If the divided property is insufficient, it will be supplemented from his personal property.

5. The principle of taking care of the innocent party.

In case of divorce under any of the following circumstances, the innocent party has the right to claim damages:

(1) Bigamy;

(2) Living with others;

(3) committing domestic violence;

(4) maltreating or abandoning family members;

(five) there are other major faults.

According to the above provisions, if one party divorces because of bigamy or the spouse cohabiting with others, he can ask for divorce damages without fault.

Although in the eyes of many people, marital infidelity is a fault, if it is analyzed from the legal point of view, it cannot be directly identified as a fault situation. Unless there is other evidence that marital infidelity has constituted bigamy or cohabitation with others, or there are other legal fault situations that can show that the relationship between husband and wife is completely broken, then the divorce will be finally decided.

Three. The prosecution process is as follows:

1, the plaintiff sued the court and filed a complaint with the court with jurisdiction;

2, the court filing review, review is only a formal review, as long as it meets the filing criteria, that is, there are clear defendants, specific factual requests and reasons;

3. The court is scheduled to hold a session;

4, the court informed the parties to the case, hearing;

5. Make a judgment and announce the judgment result of civil litigation.

4. The evidence required for the prosecution is as follows:

1, written evidence, exposure of the other party due to extramarital affairs, and hastily written letter of guarantee and apology, etc. ;

2. Electronic evidence, short messages, emails or telephone recordings between the other party and a third party;

3, video evidence, the other party and a third party caught in bed video or photos, collect such evidence should be careful not to invade privacy.

5. Under what circumstances can I sue Xiao San?

1, if there is infidelity between husband and wife, it is generally called extramarital affairs in law. In reality, we often say that there are mistresses in marriage, but in law, there are three kinds of infidelity between husband and wife: adultery, cohabitation and bigamy.

In fact, adultery is our common infidelity, which refers to occasional extramarital sex with the opposite sex. This is also a common behavior that we have sex with other members of the opposite sex during marriage.

However, if Xiao San is put in jail, he must design a crime. For example, Xiao San commits bigamy, which means Xiao San has a spouse, but she is registered to marry someone else or live together as husband and wife. In this case, it is a crime, and you can sue the other party for imprisonment.

legal ground

People's Republic of China (PRC) Civil Code

Article 109 1 In case of divorce, the innocent party has the right to claim damages under any of the following circumstances:

(1) Bigamy;

(2) Living with others;

(3) committing domestic violence;

(4) maltreating or abandoning family members;

(five) there are other major faults.