Cheating in Marriage Won't be Considered in Divorce Cases
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▲Translation: One can not apply for a divorce just because their spouse is cheating.
An article published by the Shandong Provincial Higher People's court made rounds over the weekend in China, it was titled "One Can't Apply For A Divorce Just Because Their Partner Is Cheating."
▲Part of a Q&A on the article: If I get evidence of cheating, will it be considered as cohabitation by law?
The article, posted on the court's WeChat official account on January 2 this year, made it clear that the latest judicial interpretation of the law states that cheating on one's spouse does not mean cohabitation and it can not be used as evidence when applying for a divorce.
It also mentioned that this interpretation of the law is in line with measures to prevent reckless divorces.
▲New Law: Cheating is not considered cohabitation, can't be used as an evidence to apply for a divorce.
One can only apply for a divorce if their spouse is cohabitating with a third party for a prolonged period of time.
Evidence of cheating or extramarital affairs can only be used to prove that one's spouse is exhibiting unfaithful behavior, but they can't prove that the cheating party cohabits with a third party, nor does it prove that the marriage is over.
That being said, evidence of cheating behaviors, such as a spouse sleeping in a hotel room with another woman/man, can not be used as a reason to apply for a divorce, the article clarified.
What Conditions Are Required To Apply For A Divorce?
Since January last year, the law was ammended to prevent reckless divorces and a couple need to go through the 30 days cool-off period to confirm that their marriage is beyond recovery.
And according to the new law and its interpretation, extramarital affairs won't be considered as a reason for a divorce. It is only when it has been proven that one has seriously betrayed the core principals of marriage such as cohabitating with a third party for an elongated period of time that the court will consider issuing a divorce settlement.
Let us know your thoughts on this in the comment section.
But let's start with a comment from a netizen:
▲Opening a room outside (Loose translation for getting a room with "someone" in a hotel) is not considered, need to be a long time cohabitation?
Another netizen noted that a "cool-off" period should also be given to people applying for marriage to prevent "reckless" marriages.
Waiting for your comments folks!
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