Case Summary

Lady Xu and Mr. Zhao are married, and they have two children, a son and a daughter, together. They own one house and one truck and one car. In 2019, the husband had an affair, began cohabiting with another person during the marriage, and even filed for divorce, seeking to divorce the wife and divide the property. The husband claimed that the house and cars should be owned by him, and he also claimed the custody of the children. To protect her legitimate rights and interests, the wife sought help from the Dao Hua Family Law Firm. The Dao Hua Family Law Firm assigned Chief Lawyer Tang Yunhong and Lawyer Yuan Ruqing to handle the case.

Case Handling Process

The Dao Hua lawyers always pay close attention to close communication with the parties to understand the most real case situation. After accepting the委托, they immediately began their work, learned through communication with the wife that due to personality reasons, they often quarreled over trivial matters after marriage, leading to multiple miscarriages for the wife. Therefore, their emotional relationship has been long-term and incompatible, without common language and unable to live together. They have been separated for over two years, their feelings have completely broken down, and there is no possibility of reconciliation. She hopes that the Dao Hua lawyers can help her protect her rights and interests.

The wife put forward three claims: first, to fight for the custody of the children; second, to fight for the ownership of the house and vehicles; third, to require the husband to make economic compensation. The Dao Hua lawyers then conducted a legal analysis of the case. The Dao Hua lawyers believe that negotiation and mediation can better solve the wife's problems. Through communication and communication with the wife, they finally determined the plan for negotiation and mediation. The Dao Hua lawyers determined the mediation approach, starting with the husband's affair during the marriage. The wife was asked to collect and provide evidence of the husband's affair and cohabitation with another person, leaving an impression on the judge that the husband neglected his family responsibilities and violated the conjugal fidelity obligation. Then, the judge was explained: the husband had major faults during the marriage, was mainly responsible for the breakdown of the marriage and family, and should compensate the wife. The husband's behavior is unfavorable to the growth and development of the children, and it is not suitable for him to care for the children, so he should strive to gain the advantage in custody.

Through the careful organization of case materials by the Dao Hua lawyers, the comprehensive collection of case information, and the preparation of detailed case tables, good preparation was made for the subsequent negotiations.

During the trial of the divorce lawsuit, the Dao Hua lawyers continuously applied pressure on the husband. Because through limited contact, the Dao Hua lawyers not only analyzed the legal issues of the case but also analyzed the personality characteristics of the husband, arguing from multiple dimensions of law and psychology. Finally, when the judge organized mediation, the parties reached an agreement, successfully securing all the property and custody of the children for the wife, and the husband voluntarily gave up any claim for compensation from the wife.

Case Outcome

The parties reached a consensus on the mediation agreement:

1. The custody of the two children is awarded to Lady Xu.

2. Both parties confirm that the house and vehicles under the name of the couple belong to Lady Xu, and Mr. Zhao voluntarily gives up any claim for compensation from Lady Xu.

3. Mr. Zhao pays Lady Xu a compensation of 100,000 yuan.

Dao Hua Analysis

This case was able to maximize the protection of the wife's interests and meet all her claims, thanks to the flexible and skilled case handling strategy of the Dao Hua lawyers.

In this case, the Dao Hua lawyers, through rigorous legal analysis, found that it is difficult to obtain full support for the wife's claims through litigation alone, so they clearly chose to negotiate and mediate to achieve the maximum rights and interests. So, how to reach a mediation agreement?

Because mediation must be based on the willingness of both parties, the husband has always been the biggest challenge to reaching a mediation agreement. The Dao Hua lawyers, through their skilled and professional legal knowledge and the negotiation skills of moving people with emotions and reason, laid a solid foundation for achieving property and custody rights, and made the judge understand the case and the image of the husband. Secondly, the Dao Hua lawyers have rich litigation experience and skillfully use litigation techniques, able to accurately grasp the psychology of the husband, and tailor a unique mediation plan around the husband's psychology and character to maximize the realization of the wife's interests. Through the professional legal analysis of the Dao Hua lawyers and the timely fixation of case evidence, the judge determined that Mr. Zhao indeed had an affair during the marriage, violated the conjugal fidelity obligation, and caused mental damage to Lady Xu, and should pay mental distress compensation. With the help of the Dao Hua lawyers, the wife not only obtained all the property and custody of the children but also obtained the compensation paid by the husband, to the maximum extent protecting her legitimate rights and interests.