Introduction: It is said that every family has its own difficult-to-read scriptures, and the myriad of things is actually the affairs of thousands of households. We have handled many cases of marriage and family matters in our daily work, and these cases will have reference and assistance in the future practice of marriage law. Learning and absorbing experience from them can help us better provide practical assistance to each party.

In this case, the party is a young mother in her 90s, Ms. Zheng. Ms. Zheng married Mr. Chen in 2013 and gave birth to two lovely daughters, Jiajia and Xuanxuan.

Case Summary

At the end of 2021, Ms. Zheng came to the Daohua Law Firm for professional assistance through the introduction of a friend. At that time, due to the reasons of the epidemic, the kindergarten of her younger daughter, Xuanxuan, was closed, and Ms. Zheng had to bring Xuanxuan to the law firm. However, due to the special reasons of the marriage and family matters case, it was not appropriate for the child to attend the hearing, so the Daohua marriage and family law team took the child to an independent room and, with the consent of Ms. Zheng, gave the child cake, drinks, and accompanied her.

Through Ms. Zheng's account, the Daohua marriage and family law team quickly identified the key points of the case. Firstly, Ms. Zheng's demands were: divorce, custody and alimony for her two daughters, and the division of the joint property of the couple.

According to laws and regulations and relevant experience, it is not easy to successfully divorce in one lawsuit in practice. Therefore, after accepting Ms. Zheng's entrustment, the Daohua marriage and family law team specially dispatched a three-person special case team to handle this case. According to Ms. Zheng's situation, the goal set was: successful divorce in one go; strive for custody of both daughters and monthly alimony of 10,000 yuan; and the division of the joint property of the couple.

Typical Significance

In divorce litigation, issues involving custody of children, joint property of the couple, and cars are typical divorce cases, and this case involves the application for filing a lawsuit by our party, and the counterclaim filed by the other party later, demanding the custody of the daughter and asking for a one-time compensation of over one million yuan to us after obtaining the ownership of the property and vehicle.

This case involves the custody of two children and one million yuan of joint property, and has experienced various procedural steps such as filing a lawsuit and filing a counterclaim during the litigation process. As a professional team handling marriage and family matters, the Daohua marriage and family law team, in protecting the legitimate rights and interests of the parties, the physical and mental health of minors, and upholding the legal professional ethics, has taken an unswerving and clear-cut attitude.

Daohua's Case Handling Approach

Firstly, we must strive to secure the custody of Jiajia and Xuanxuan for Ms. Zheng, and we cannot let the mother and two daughters be separated. Moreover, the property in Longgang District, Shenzhen, is currently valued at approximately 3 million yuan, and the vehicle is valued at approximately 50,000 yuan. We will strive to secure these rights for her.

Jiajia has turned 8 years old, and according to laws and regulations, we respect her real wishes, and she wishes to live with Ms. Zheng. Xuanxuan is less than four years old and has been cared for by her grandmother, with whom she has a deep affection. Moreover, Jiajia, as the older sister, has explicitly stated that she does not want to be separated from her younger sister. Based on the income of Shenzhen and the other party, we propose a monthly alimony of 3,000 yuan for each child until they can live independently.

We submitted evidence such as property ownership certificates, vehicle registration certificates, and driver's licenses for the house and car, recognizing them as joint property of the couple. Since there are still outstanding loans to be repaid, Ms. Zheng, the party, should be appropriately compensated after obtaining the ownership of the house and vehicle, deducting the principal of the outstanding loans.

Conclusion: From the end of 2021 when Ms. Zheng entrusted the Daohua marriage and family law team to the beginning of 2022, it took less than half a year for the lawsuit for divorce to be successfully resolved and for the marriage relationship with the other party to be terminated, and completely achieve Ms. Zheng's expected goals: obtaining custody of Jiajia and Xuanxuan, and successfully obtaining ownership of the house and car.

Ms. Zheng confessed that before seeking legal assistance, she searched online and found that since the promulgation of the Civil Code, the time for litigation divorce has been relatively long. She did not expect that the Daohua lawyers could help her achieve the divorce goal so quickly and excellently, and she is very grateful to Mr. Tang and Assistant Yuan of the Daohua marriage and family law team for their serious and responsible handling of the entire case.

(Note: The names of the individuals involved in this article are all pseudonyms.)