Case Summary:

Miss Xu and Mr. Zhao are married and have a son together. During their marriage, they purchased a house and a car. Later, Mr. Zhao had multiple affairs during the marriage. Miss Xu, in order to ensure the child's growth, tolerated these affairs multiple times. However, after her patience was exhausted, Miss Xu hoped to resolve the marital issues through litigation. Mr. Zhao claimed that both the house and the car should be owned by him and also claimed custody of the child. In order to protect her legitimate rights and interests, Miss Xu sought help from the Dao Hua Family Law Firm.

Case Process:

The Dao Hua Family Law Firm always emphasizes close communication with clients to understand the true situation of the case. Miss Xu told us that Mr. Wei not only had affairs during the marriage but also had a temperamental and extreme personality. When disputes occurred, he was accustomed to solving problems through violence, which had caused Miss Xu to be injured multiple times. Miss Xu was extremely worried about her personal safety and the child's growth environment and was desperate about the marriage situation. She hoped that the Dao Hua Family Law Firm could help her protect her rights and interests. Miss Xu put forward three claims: one, to fight for custody of the child; two, to fight for ownership of the property and vehicle; three, to require economic compensation from the other party. The Dao Hua Family Law Firm immediately conducted a legal analysis of the case and initially judged that Miss Xu's claim to fight for custody of the child was unlikely to be supported by the court!

The legal risks of the case lie in: although Miss Xu has a stable income from work, due to her busy work schedule, she has less time to take care of the child. Moreover, the child is a boy, and Mr. Zhao has a greater advantage in child custody due to his same-sex parenting. Additionally, Mr. Zhao has taken more care of the child, especially in educational matters, etc. Therefore, there is a high probability that custody will be awarded to Mr. Wei. So, if the case is resolved through a judgment, Miss Xu is likely to be unable to fight for custody of the child, and the Dao Hua Family Law Firm hopes to resolve the dispute through mediation. After contacting Mr. Zhao, he strongly refused to speak with Miss Xu's lawyer, repeatedly cursed, and hung up the phone. After multiple contacts and negotiations with Mr. Zhao, the Dao Hua Family Law Firm determined the litigation strategy and decided to focus on Mr. Zhao's temperamental nature. They advised Miss Xu to retain evidence of Mr. Zhao's use of violence and to reveal Mr. Zhao's violent image to the judge, leaving an impression of his temperamental and violent tendencies. They then explained to the judge that Mr. Zhao's domestic violence is detrimental to the child's growth and development and is not suitable for child custody, thus gaining an advantage in the fight for custody.

Through the careful organization of case materials and comprehensive collection of case information, the Dao Hua Family Law Firm prepared thoroughly for the subsequent litigation.

During the divorce litigation trial, the Dao Hua Family Law Firm continuously applied pressure on Mr. Wei. Because through limited contact, the Dao Hua lawyer not only analyzed the legal issues of the case but also analyzed the personality characteristics of Mr. Zhao, arguing from multiple dimensions of law and psychology. At the same time, they continued to present to the judge the fact that Mr. Zhao had multiple affairs. This led the judge to form an internal confirmation of Mr. Zhao's affairs, and when organizing mediation, the judge also applied certain pressure on Mr. Zhao.

Case Outcome:

The parties reached a mediation agreement: Mr. Zhao paid Miss Xu a compensation of 300,000 yuan, Mr. Zhao waived custody and ownership of the property and vehicle, and Miss Xu did not need to pay a purchase price.

Dao Hua Analysis:

This case was able to maximize Miss Xu's interests and achieve all of her claims, thanks to the flexible and skilled litigation strategies of the Dao Hua Family Law Firm.

In this case, the Dao Hua Family Law Firm, through rigorous legal analysis, found that it was difficult to have Miss Xu's claims fully supported by the court through litigation alone, so they clearly chose to pursue maximum rights and interests through mediation. So, how to reach a mediation agreement? Because mediation must be based on the willingness of both parties, Mr. Zhao has been the biggest challenge in reaching a mediation agreement. The Dao Hua Family Law Firm, through their skilled and professional legal knowledge and the negotiation skills of appealing to emotions and reason, laid a solid foundation for fighting for custody. They also made the judge understand the case and the image of Mr. Zhao. Secondly, the Dao Hua lawyer has extensive litigation experience and is skilled in using litigation techniques, able to accurately grasp the psychology of the parties and tailor exclusive mediation plans around the parties' psychology and character to maximize the realization of the parties' interests. Through the help of the Dao Hua Family Law Firm, Miss Xu received the compensation paid by Mr. Zhao, protecting her legitimate rights and interests.