Cohabitation after divorce is not illegal. Cohabitation after divorce belongs to cohabitation and is not protected by law, but the law does not interfere. After divorce, one or both parties marry others and form a new family. If both parties live together, it violates the obligation of mutual loyalty between husband and wife. Divorce is the dissolution of marriage, because the rights and obligations of husband and wife arising from marriage will be terminated. The legal consequences of divorce mainly include three aspects: person, property and child support. How to identify a divorced cohabiting person is a question of identity, not a de facto marriage or the restoration of marriage relationship as some people think.
legal ground
People's Republic of China (PRC) Civil Code
Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.