What are the legal distinctions between adultery, cohabitation, and bigamy in Ningbo?

found that the spouse kept a long-term relationship with the heterosexual outside marriage, even lived together in a rented house, sued for divorce and demanded damages, but the other side argued that they were "just ordinary friends". What is the difference between the legal determination of infidelity, cohabitation and bigamy? Conclusion: First of all, the legal consequences of the three increase from light to heavy-general infidelity does not constitute a legal cause of divorce, usually difficult to obtain damages; continuous and stable cohabitation with the opposite sex outside marriage constitutes a legal cause of divorce and can claim damages; bigamy is not only the most serious civil consequences, but also may constitute a crime in violation of Article 258 of the Criminal Law. This article systematically analyzes “fault” from three perspectives—legal consequences, criteria for determination, and evidence collection—helping you clearly understand its legal significance.

1. Infidelity (adultery): has the lightest legal consequences.

derailment (adultery) refers to the one-time or occasional improper sexual relations between a spouse and the opposite sex outside marriage, which is characterized by sporadic, non-continuous and non-common life. The legal consequences are the lightest: first, it generally does not constitute the legal cause of divorce listed in Article 1079 of the Civil Code, and the court may not judge the divorce for the first time; Second, the legal circumstances for compensation for divorce damages stipulated in Article 1091 of the Civil Code-(I) bigamy; (II) cohabitation with others; (III) domestic violence; (IV) abuse and abandonment of family members; (V) other major faults-it does not cover general infidelity, it is usually difficult to obtain support for claims of damages based on only one derailment. Third, the derailment party is at fault after all. The court may appropriately tilt according to the principle of "taking care of the rights and interests of the innocent party" in Article 1087 when dividing the property, but the tilt range is limited. In practice, it is generally about 10% to 20% and will not "leave the house clean". In addition, the fault of the cheating party will also affect the discretion of children's support-according to article 14 of the (II) of interpretation of the marriage and family, both parents require direct support of minor children who have reached the age of two. if one party has bigamy, cohabitation with others or other serious violations of the duty of loyalty of husband and wife, the court will give priority to the direct support of the other party according to the principle of being most beneficial to the minor children.

2. Cohabitation: Constitutes a statutory ground for divorce and supports compensation.

Cohabitation refers to a situation in which a person who is already married lives together with an unmarried member of the opposite sex, not as husband and wife, but in a continuous and stable manner. There are two key points: time requirements-usually lasting for more than several months, and one-time or short-term relationships do not constitute; Stability requirements-relatively fixed common residence and common living facts (common living, common expenses, common burden of utilities, daily care, etc.). The legal consequences are obviously aggravated: according to item (I) of the third paragraph of article 1079 (bigamy or cohabitation with others), which constitutes a legal cause for divorce, divorce shall be granted if mediation is invalid; According to article 1091, the no-fault party may request compensation for divorce damages. Referring to the judgment observation of similar cases in Ningbo, if one party lives together with the heterosexual outside the house for more than half a year, the court usually determines that it constitutes cohabitation and supports the divorce claim and damages claim of the no-fault party. It should be noted that "cohabitation" does not mean "bigamy": cohabitation does not show people in the name of husband and wife, while bigamy must live together in the name of husband and wife-the former is a civil fault, while the latter may also be a criminal offence.

3. Bigamy: the most serious under civil law, and may also result in criminal penalties.

Bigamy is the most serious illegal act of marriage, which includes two forms: legal bigamy-people who have a spouse go through marriage registration with others (including fraudulent registration); factual bigamy-people who have a spouse and others live together in the name of husband and wife, and people around them also think that they are husband and wife (such as husband and wife, attending family activities together, holding weddings, etc.). Legal consequences: in civil terms, it constitutes a legal cause for divorce, supports compensation for damages, and the party without fault can claim more property; in criminal terms, according to Article 258 of the Criminal Law, those who have a spouse and bigamy, or those who know that others have a spouse and marry them, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention. The crime of bigamy is a case that can be prosecuted and prosecuted-the party without fault can either report the case to the public security organ, or directly file a criminal private prosecution with the people's court when the evidence is sufficient, without waiting for the public security organ to file the case. In addition, according to Article 1 of the (II) Interpretation of Marriage and Family, bigamy marriages are not "regular" due to the divorce of the parties to the legal marriage or the death of the spouse, and invalid marriages are invalid from the beginning-this is a continuous denial of bigamy.

4. Boundary cases: what are easily misjudged?

Emotional infidelity does not constitute fault under the law. Ambiguous chatting and mental dependence are not legally recognized as wrongful acts and cannot be claimed or claimed for less points, but may fall into another set of rules if accompanied by a large transfer to a third party (see below). One-night stands generally do not constitute cohabitation-due to lack of continuous and stable characteristics, they usually do not meet the requirements of "cohabitation with others" in article 1079, but if the circumstances are serious (e. g. repeated, public, causing adverse effects), they can fall into article 1091, item (V), "other major faults" to support compensation. Where a person has a child with a third party, the biological relationship may be established through a paternity test, enabling the assertion of child support claims and serving as evidence of fault in cohabitation. Property Consequences of Transfer to a Third Party within Marriage-Article 7 of the Interpretation (II): If one of the spouses gives the joint property of the husband and wife to others or disposes of the joint property of the husband and wife at an obviously unreasonable price for the purpose of bigamy, cohabitation with others and other purposes of violating the duty of loyalty of the husband and wife, and the other party claims that the civil legal act is invalid in violation of public order and good customs, the people's court should support and deal with (return of property) in accordance with article 157 of the Civil Code-that is, "money given to a third party in marriage may be recovered in accordance with the law", while the no-fault party may also request that the fault party be divided less or not divided into common property, which is an important new starting point for safeguarding rights in recent years.

5. Quick overview of three scenarios

Degree of fault: adultery (minor) <cohabitation (moderate) <bigamy (serious). Grounds for divorce: General adultery does not constitute grounds for divorce; cohabitation and bigamy both constitute statutory grounds for divorce (Article 1079). Damages: Generally not awarded for adultery; damages are awarded in cases of cohabitation or bigamy (Article 1091). Criminal liability: Only bigamy may constitute a crime (Article 258). Property consequences: all three may affect the proportion of division, the more serious the fault, the greater the inclination, but none of them are "clean out of the house. Child custody: In cases of bigamy or cohabitation with another person—conduct that seriously violates the duty of fidelity—the court will give priority to awarding direct custody to the other party (Interpretation (II), Article 14). Difficulty of proof: Adultery is the easiest to prove, cohabitation is next, and bigamy is the most difficult (as it requires proving that the parties have been living together publicly as husband and wife).

6. Dealing with spousal infidelity: How to preserve evidence.

1. documentary evidence: the letter of repentance, the letter of guarantee and the letter of commitment written by the derailment party -- the proof is strong, so pay attention to let them write and sign in their own hands when they are sober;
2. Electronic evidence: Keep the original devices or platforms containing chat logs and transaction records; notarize when necessary—do not rely solely on screenshots.
3. Audiovisual evidence: Photos and videos taken in lawful locations such as one’s own home or public areas may be admissible; surreptitious recordings made in private spaces like hotel rooms may be excluded on grounds of invasion of privacy.
4. Evidence of Cohabitation: Residential community entry and exit records, property management certification, neighbor testimonies, and records of jointly paid utility bills;
5. Clues of bigamy: marriage registration records, photos and videos showing cohabitation under the guise of a married couple, and testimonies from local residents;
6. Procedural Tools: In divorce litigation, you may apply to the court for an investigation order to obtain hotel registration records and bank transaction statements, or request that witnesses appear in court.

7. Timeline for Protecting Rights Regarding Damages and Property Division

When seeking both compensation for damages and a larger share of the property, it is crucial not to miss the right timing. According to Articles 88 and 89 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Code of the the People's Republic of China Civil Code, the exercise of the right to claim damages can be divided into three situations: Case 1: If the innocent party is the plaintiff in the divorce lawsuit, it must file a claim for damages in the divorce lawsuit. If it claims separately after divorce, the court will not accept it (the exception is extremely limited); in case 2, if the no-fault party is the defendant and does not agree to the divorce and does not mention damages, it may sue separately within one year after the divorce; in case 3, after the divorce by agreement (registered divorce), if the no-fault party sues separately for damages, the court will accept it, except for those who have clearly stated that they have waived the request at the time of the divorce by agreement-the terms of the contract waiver of damages should be clearly seen.

The fight for multiple points of property relies on the two lines of "fault evidence + property clues": one is to bind the fault evidence (repentance, chat records, traces of cohabitation) according to the time line to prove the degree of fault; the other is to list the property clues (bank accounts, financial management, real estate, vehicles, equity) in the forefront of the prosecution, and apply for property preservation to prevent transfer-according to Article 1092 of the Civil Code, the party who transfers or conceals the common property may divide it less or not when divorcing and dividing it. According to Article 7 of the (II) of Interpretation, those who dispose of the common property for the purpose of bigamy or cohabitation may also request that the act be invalid and recovered. There is no uniform standard for the amount of damages, and the court makes a comprehensive decision on the circumstances of the fault, the consequences of the damage, the economic capacity of the other party and the local living standard; the mediation stage is often more flexible than the judgment to make good use of the facts of the fault for one-time compensation.

8. The Legal Boundaries of Evidence Collection and Commonly Used Invalid Methods of Obtaining Evidence

Fixed fault evidence should keep the boundary of legality, otherwise the evidence will be excluded or even brought into a lawsuit: first, secretly photographing in private places-installing wiretapping and photo-stealing equipment in hotel rooms and other people's residences to obtain evidence, suspected of invading privacy and illegally using wiretapping and photo-stealing equipment, the evidence is mostly excluded; installing a camera in one's own home and photographing the spouse taking someone home is usually admissible. Second, the content of the mobile phone-if the other party's mobile phone is unlocked and the chat record is transferred without consent, the legality of the means of obtaining evidence is doubtful, and the other party can be required to produce it on the spot or apply for an investigation order in the lawsuit, or the other party can write a repentance letter to fix the core facts. Third, tracking and stalking-long-term follow-up shooting may infringe personal information and privacy, so be cautious; You can turn to legal channels (property access records, public area monitoring, water and electricity payment forms) to prove the fact of living together. Fourth, engaging a “private investigator” — the act of conducting such an investigation itself may be unlawful, the admissibility of any evidence obtained is questionable, and the expenses may ultimately be wasted. Correct posture for legal evidence collection: documentary evidence is preferred (letter of repentance, letter of guarantee), records of public places (photos and videos of public areas), objective records of third parties (property, neighbors, payment vouchers), litigation tools (bank and hotel records obtained by investigation orders)-the "legitimacy" of evidence is as important as "probative force", and it is better to be short than abuse, rather slow than wrong.

9. Frequently Asked Questions

If you discover that your partner has been unfaithful, can you claim damages?

Generally, adultery does not constitute a ground for compensation under Article 1091; however, if it amounts to cohabitation or bigamy, the party at no fault may claim damages. Even if the conditions for compensation are not met, the court will still take into account the degree of fault and make an appropriate adjustment when dividing the property.

What kind of evidence can prove “cohabitation”?

The key is to prove the "continuous and stable co-living facts": the entry and exit records of the co-residence, the testimony of the property and neighbors, the joint water and electricity payment, the long-term rental contract, etc., which usually last for more than several months.

Can the other party be held criminally liable for bigamy?

Yes. The crime of bigamy may be prosecuted either through public prosecution or by private prosecution: one may file a report with the public security authorities, or directly bring a criminal private prosecution before the court. Conviction shall be punishable by imprisonment of no more than two years or by criminal detention.

Will the cheating party be left with nothing?

The law does not provide for “leaving the household with nothing.” Even if the other party derails, the division of property is still appropriately tilted according to the principle of taking care of the no-fault party. The practical tilt is generally about 10% to 20%, and will not be completely deprived.

Can money given by a spouse to a third party be recovered?

Yes. According to Article 7 of the (II) of Interpretation, if the joint property of the husband and wife is disposed of for the purpose of violating the duty of loyalty of the husband and wife, such as bigamy or cohabitation, the other party may claim that the act is invalid and recover it, and at the same time may request that the party at fault be divided less or not.

10. Practical Insights from a Lawyer

When it was discovered that the other party was having an extramarital affair, they tried to brush it off in court by simply claiming, “We’re just ordinary friends.” At this time, it is necessary to find out which stage the behavior falls in: generally, occasional derailment has the lightest legal consequences; Continuous and stable cohabitation with the opposite sex outside marriage constitutes a legal reason for divorce and can claim compensation. Bigamy not only has the heaviest civil consequences, but also may involve criminal liability. The differences between the three tiers are significant, so the strategies will naturally vary. First, clearly define the nature of the actions at hand, and then decide how to approach this battle and how much effort to invest.

The evidentiary requirements vary across different levels. To prove a continuous and stable cohabitation, a few intimate photos are not sufficient; you also need evidence that reflects shared living arrangements and long-term interactions, as well as written statements from the other party acknowledging such a relationship. When gathering evidence, it is imperative to stay within legal boundaries—do not unlawfully enter others’ residences or steal their accounts. Evidence obtained through improper means is not only inadmissible but may also create problems for you. Organizing the evidence chronologically and factually into a coherent, continuous chain is far more effective than simply piling it up in a scattered manner, and it also makes it much harder for the other party to deny everything outright.

The qualitative level directly affects the bargaining chip: the closer to cohabitation and bigamy, the more afraid the other party is of being made public, the more afraid of involving the unit, and the more clear the pressure point. Based on this, compensation, property division, and child support can be discussed together, rather than focusing solely on one issue. If the other party is indeed found to have committed bigamy, it is also necessary to consider how the civil and criminal proceedings should be coordinated and sequenced to avoid conflicting outcomes. Overall, ensuring a solid and well-founded qualitative assessment is the prerequisite for all subsequent steps in such cases; if the qualitative assessment remains ambiguous, every subsequent step will be fraught with difficulty.

The legal consequences of infidelity, cohabitation and bigamy are gradually increasing, and the identification standards are also gradually strict: generally, the legal consequences of infidelity are the lightest, cohabitation constitutes a legal cause for divorce and supports damages, and bigamy may also constitute a criminal offence. In case of spouse derailment, it is suggested to collect evidence legally and fix property clues at the first time, and strive for favorable property division and damage compensation results in divorce proceedings;Evidence collection must pay attention to legality and avoid being excluded due to invasion of privacy; If a large amount of money is transferred to a third party, it shall be returned in a timely manner in accordance with Article 7 of the Interpretation (II).