After the divorce, I found that my ex -husband had been derailed within marriage?

After the divorce, Zhao Li originally wanted to restart the life calmly. Who knew a chance of chance, she found that the child’s seat was installed on the former in -law’s bicycle.Intuition tells her that it is not simple.Through this clue, she found that her ex -husband had been derailed within her marriage.This caused her to be deeply hit.Today, can she have been divorced for two years, can she still chase the mental loss?

This article was published in "Chinese Women" magazine

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After the divorce, the ex -husband flash marriage baby

Zhang Bo and Zhao Li divorced due to emotional rupture, and Zhang Bo remarried a month later.At that time, Zhao Li thought that her ex -husband was normal in love and didn’t think much.

After the divorce, Zhao Li and Zhang Bo’s parents lived in the same community.One day in 2022, she accidentally discovered that the child’s seat was installed on the back seat of the former in -laws, which made her feel puzzled.

Because children who can sit in children’s seats should be over two years old.The former in -laws had only one son Zhang Bo, and this child should be their grandson.Intuition told Zhao Li that Zhang Bo may have derailment in marriage.

After inquiring with the neighborhood and Zhang Bo’s friends, Zhao Li learned that her ex -husband and his current wife Su Qin married in August 2019. Seven months later, her son Xiaohui was born.

If Xiaohui was born in full moon, then Su Qin was pregnant when Zhang Bo was not divorced, which caused a great impact on Zhao Li’s psychology. Since then, she has been insomnia, anxiety, and even unable to work properly.Depression and anxiety.

Zhao Li believes that Zhang Bo violated the loyal obligation of husband and wife, derailed during the duration of the marriage relationship, seriously damaged her legitimate rights and interests, and caused great mental harm to her.

In early 2023, Zhao Li signed Zhang Bo to the Beijing Xicheng District Court, asking the other party to pay a spiritual damage of 100,000 yuan.

In court, Zhang Bo proposed that the Civil Code before the divorce of the two had not yet been introduced. The provisions of the Marriage Law and their related judicial interpretations, that is, if the parties propose a request for damage compensation after one year in handling the divorce registration procedures, the court will not support it.Now Zhao Li’s request for damage compensation has exceeded the time limit for one year, and the court should not support it.

Zhao Li refuted that although the request for damage compensation was proposed two years after the divorce, she discovered that Zhang Bo’s derailment and derailment objects were pregnant a few months ago, so this time -effective regulations should not be applied.

Due to the age of the child, Zhang Bo was unable to resist, Zhao Li’s lawyer applied for a lawyer investigation order to the court as a preliminary evidence.

According to relevant laws and regulations, the lawyer’s investigation order is that when the parties cannot obtain evidence due to objective reasons during the civil case litigation and execution process, they are applied by the parties’ lawsuit lawyer.Legal documents for units and individuals collected evidence.

In order to protect the rights and interests of the parties, the judge issued an investigation order to Zhao Li’s acting lawyer after a strict review of the application.

With the investigation order, the lawyer retracted Xiaohui’s "Medical Certificate of Birth", which shows that Xiaohui was born on March 5, 2020, and the birth week was 40 weeks and 1 day.On February 14, 2022, Zhao Li and his lawyer went to the police station to issue a certificate of certification based on the investigation order, proving that Xiao Hui was Zhang Bo’s child.

Parents are accompanied and enjoyed a happy childhood

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Applicable civil code, support compensation

The Civil Code stipulates that husbands and wives should be loyal to each other, respect each other, and love each other; family members should respect the elderly and love the young, help each other, and maintain a marriage and family relationship of equality, harmony, and civilization.If you have a big marriage, live with others, and implement domestic violence or other major faults, there is no right to ask for damage compensation.

In this case, the application of the law of disputes between the two parties, according to the new "Explanation of the Supreme People’s Court on the Application of the People’s Republic of China> Marriage and Family Editor (1)" stipulated that the parties will go to the marriage registration authorityThe court shall accept the request of damage compensation, and the court shall accept it.Among them, there is no restrictions on the timeliness of litigation.Zhao Li learned that Zhang Bo was derailed in early 2022, and this new judicial interpretation should be applied.

According to the "Medical Certificate of Birth" provided by Zhao Li, it can be determined that Su Qin’s pregnancy time is that during the duration of Zhang Bo and Zhao Li’s marriage relationship, Zhang Bo did have a gender relationship with the extramarital opposite sex in the marriage.According to the psychiatric outpatient medical records provided by Zhao Li, Zhang Bo’s derailment behavior caused mental damage to it.

In April 2023, the court supported Zhao Li’s claim, and Zhang Boying paid Zhao Li to pay a mental damage of 100,000 yuan.

The judge explained that divorce damage compensation refers to the legal system that caused compensation for the losses of no faulty party due to the major fault of the husband and wife’s fault that caused the wrong party.

Divorce damage compensation includes material damage compensation and mental damage compensation. The amount of compensation may be approved by both parties. When the agreement is not completed, the court will be determined as appropriate.

It should be noted that if the two parties agree to divorce and have completed the divorce registration procedures in the marriage registration authority, they can still submit a request for divorce damage compensation for the court.Essence

Author: Wen/Tian Jing

Source: Chinese Women

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