Is Cheating Grounds For Divorce?

Let’s begin with the criminal perspective. It’s important to note that polygamy is illegal in China, which means marrying another person while already married is against the law. Polygamy is considered a crime and can result in a sentence of up to two years. However, it’s crucial to understand that for it to be considered a crime, the marriage must be registered. Merely referring to someone as your “wifey” and publicly claiming them as your wife does not meet the criteria for polygamy under criminal law.

Moving on to the civil law aspect, cheating on your partner, although morally wrong, is not considered a criminal offense in China. Nevertheless, this doesn’t imply that there are no legal ramifications. This is where civil law comes into play. If there is sufficient evidence to prove that one party has cheated, during a divorce lawsuit, the adulterous party will be deemed at fault and may receive a smaller portion of the shared property.

It’s important to note that cheating alone is not grounds for divorce. In China, a court will grant a divorce only if any of the following five conditions are met: cohabitation or marriage with someone else, domestic violence, torture or abandonment of family members, engaging in bad habits such as gambling or drug addiction and refusing to change, living apart for two years, or complete incompatibility.

Defining complete incompatibility is extremely challenging, as a cheating husband may argue that he is compatible with both his wife and mistress simultaneously. He might claim to provide an equal amount of love to both parties, thereby asserting that the relationship between him and his wife remains strong. Consequently, it is exceedingly difficult for a judge to rule for a divorce based solely on catching a spouse in an act of infidelity, considering the actual practices followed in China.

Therefore, unless you can prove that your spouse is cohabiting or married to another woman, infidelity does not constitute legal grounds for divorce. However, it’s important to note that this doesn’t imply there are no consequences for cheating. In the event of a granted divorce by a court, you may be entitled to a larger share of the joint assets, resulting in a division of property ranging from 60-40, 70-30, or even 80-20, depending on the specific circumstances.