Civil and Commercial Code, Section 1523
The court may grant a divorce if a spouse has been providing support, nurturing, or showing affection to another person as a spouse, committing adultery, or engaging in sexual relations with others regularly. The innocent spouse has the right to claim compensation from the offending spouse, as well as from the third party who provided the support, affection, or caused the reason for the divorce. However, if the spouse consented or was aware of and permitted the other party’s actions, they cannot claim compensation.
This provision allows a spouse to seek legal recourse and compensation when they have suffered due to adultery or other inappropriate behavior by their spouse. The key point is whether there was consent or knowledge of the act by the innocent spouse, which impacts the right to claim damages.
💡 Important Things to Know
Gathering Evidence
1.1 General Evidence- Photos/videos of the couple in public
- Photos/videos of the spouse’s property
- Receipts or evidence of money transfers or gifts exchanged
- Text messages/CHATs exchanged
- Birth certificates of children (if applicable)
- Witnesses who can testify
1.2 Evidence Related to the Homewrecker
- Evidence related to the adulterous relationship, such as photos, videos, or messages showing inappropriate behavior between the spouse and the third party
Lawyer Filing the Lawsuit
- Once all evidence is gathered, the lawyer will file the lawsuit in court. The process typically takes 3-6 months, with 3-4 court hearings scheduled during that time
- Once all evidence is gathered, the lawyer will file the lawsuit in court. The process typically takes 3-6 months, with 3-4 court hearings scheduled during that time
Government Officials Can File a Disciplinary Complaint
- If the offending party is a government employee, a disciplinary complaint can be filed to impose additional penalties
- If the offending party is a government employee, a disciplinary complaint can be filed to impose additional penalties
Filing a lawsuit to claim compensation for infidelity requires clear evidence and proper legal proceedings. Consulting a lawyer will ensure that the case is handled correctly and effectively.
⭕️ Prohibitions
- Statute of Limitations: 1 year, starting from the date the spouse learns about the affair.
- No Need for Explicit Photos: Only the need to prove that an affair actually took place.
- No Need to File a Police Report: Except in cases of violence or physical assault.
- Higher Compensation for Famous Individuals: If the spouse or homewrecker has a notable reputation, the compensation can be higher.
- You Can Sue Again Even After Winning the Case: If you haven’t divorced yet, you can file additional lawsuits.
- Separate Lawsuits: Filing a lawsuit against the homewrecker and filing for divorce are two separate cases and do not affect each other.
✨ Criteria for Determining Compensation
- Social Status, Occupation, and Education of all parties (husband, wife, and the homewrecker). If all parties have high social standing, good education, or well-established careers, the compensation will be higher.
- Duration of the Marriage: The longer the marriage, the higher the compensation.
- Whether There Was a Wedding: If the couple had a formal wedding ceremony, it could increase the compensation amount.
- Having Children Together: If there are children involved, this might influence the compensation amount.
- Family Relationship Before the Affair: The family dynamics before the affair occurred may impact the ruling.
- Public Nature of the Affair: If the affair was widely known or kept hidden.
- Duration of the Affair: A longer affair could lead to higher compensation.
- Did the Homewrecker Know They Were the Other Person?: The awareness of the homewrecker regarding their role in the affair could affect the judgment.
- Regret After Being Caught: Whether the homewrecker shows remorse after being exposed could also influence compensation.
- Divorce Lawsuit to Claim Property: Whether the spouse also filed for divorce to claim property from the other party may be a factor in determining compensation.
These factors will be considered when determining the amount of compensation in a lawsuit related to infidelity.
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With over 12 years of legal experience, we are the trusted experts you can rely on for all your legal needs. Our expertise spans across various legal fields, including civil and commercial law encompassing contracts, litigation, and legal proceedings; labor law to help your business avoid disputes; as well as family law, inheritance law, consumer protection law, intellectual property law, criminal law, and other legal matters. We also provide comprehensive legal consultation and registration services.