The male party has been missing for many years, the female party and her parents have raised the child, and they demand the division of property. See how the Nanshan Court decides.

Case Summary

The male party left home in 2007 and has been missing ever since, and was declared missing in 2016. During the marriage, the couple purchased 4 properties. After the male party went missing, the female party raised their child alone, facing immense life pressures. Fortunately, she had her mother's support, who repeatedly provided assistance with her pension and house demolition compensation, as well as helping to take care of the child. Now, her mother is too old to continue helping to take care of the child. Helplessly, the female party has had to file a lawsuit with the Nanshan Court to dissolve the marriage relationship and request that the 2 properties located in Shenzhen among the 4 properties purchased during the marriage be awarded to her, in order to facilitate the care of the child and provide for her mother's retirement.

Trial process

The court believes that, since the defendant has been missing for more than ten years since 2007, the plaintiff and their son have been living in Shenzhen all this time. Although the plaintiff's mother has been assisting, living alone with a child in Shenzhen, a city with a fast pace of life and economic pressure, is extremely difficult. Balancing work and family life requires an unimaginable amount of energy, pressure, and psychological distress caused by the shadow of the husband's disappearance. Under all these pressures, the plaintiff still had to bear the heavy responsibility of nurturing their child to success, providing good living and learning conditions for the child, and the pressure they endured during this period can be imagined. On the other hand, the plaintiff's parents have also provided great support, with the mother even coming to Shenzhen in poor health to help the plaintiff take care of the family, and the efforts of the plaintiff's parents are crucial. Now, in order to ensure a more secure life for the plaintiff and their biological child in Shenzhen and to address the issue of the mother's future retirement, the plaintiff requests the division of the joint property, with the 2 properties in Shenzhen belonging to the plaintiff, and the remaining 2 properties belonging to the defendant. Considering the aforementioned circumstances, the current reality, and the plaintiff and the biological child's future life, the court supports the plaintiff's request for this lawsuit.

Dào Huá law firm analysis

If one party of the couple is declared missing, the other party can file a lawsuit with the court to dissolve the marriage relationship, which meets the legal conditions for granting a divorce. The marriage relationship is dissolved as of the date when the judgment takes effect. The court with jurisdiction is also an exception, which can be the court of the plaintiff's place of residence or habitual residence. Therefore, in this case, the Shenzhen Nanshan District People's Court, where the plaintiff usually resides, has jurisdiction. Below, lawyer Dao Hua provides the legal circumstances for filing a lawsuit for divorce:

① Bigamy or cohabitation with a person who is married.

② Committing domestic violence or abuse, or deserting family members.

③ Those who repeatedly fail to reform their bad habits of gambling or drug abuse.

④ Having been separated due to disharmony in feelings for more than 2 years;

One party is declared missing, and the other party files for divorce proceedings.

⑥ If there is a dispute between the husband and wife over whether to have children, leading to the breakdown of their relationship, and one party requests a divorce, and the court fails to mediate effectively;

After the People's Court has ruled against divorce, if the parties have been separated for a full year and one party files for divorce again.