4. Regarding Debt Liability: The 300,000 yuan debt under the male party's name may be a joint debt of the couple, and the female party may be at risk of having to repay the debt together.

Article 1064 of China's Civil Code stipulates that "Debts incurred by both spouses through joint signatures or subsequent recognition by one spouse, as well as debts incurred by one spouse in the name of the individual for the needs of family daily life during the marriage, are considered joint debts of the couple. Debts incurred by one spouse in the name of the individual for needs exceeding those of family daily life during the marriage are not considered joint debts of the couple; however, this does not apply if the creditor can prove that the debt was used for the couple's joint life, joint business operations, or based on a joint expression of will by both spouses." If the husband can prove that the 300,000 yuan debt has been used for the couple's joint life, then the wife is at risk of having to bear the debt with the husband.

In summary, Tang Yunhong, lawyer, points out that it is indeed necessary to make full preparations and implement the argumentation plan before proceeding with the case, otherwise, it may not meet the wife's claims.

III. Investigation Process

Lawyer Tang Yunhong led the team to sort out the case situation, summarize the focal points of the dispute, and then began to formulate and implement a divorce litigation plan.

1. Determine the litigation strategy of "litigation first, mediation during litigation."

After in-depth communication with the wife, Tang lawyer clarified her claims: first, she must obtain custody of the two daughters; second, the property should be divided at least 50/50, she needs to obtain ownership of the property, and the car can be used freely; third, the husband should not be responsible for the debts under his name. Considering the case materials, first, the husband's attitude towards whether to agree to divorce is unclear, second, both daughters are between the ages of 2 to 8, which is not conducive to simultaneously seeking custody of both daughters, third, there is a possibility that the husband's debts were used for family daily expenses, and fourth, the husband's refusal to communicate led to the case being unable to be mediated before the lawsuit. In view of this, Tang lawyer decided on the "litigation first, mediation during litigation" strategy.

2. Conduct a preliminary investigation on the husband's attitude towards whether to agree to divorce.

Generally, in divorce cases where there is no statutory ground for divorce, if one party files for divorce and the other party does not agree to divorce for the first time, the court will rule that the divorce is not permitted at the first instance. Therefore, if the husband in this case does not agree to divorce, it may not be possible to successfully divorce at the first attempt. To increase the chances of winning the case, Tang lawyer called the husband and communicated the preliminary divorce plan, expressing the wife's determination to divorce, and asking the husband to agree to divorce. After a round of investigation by Tang lawyer, it was found that the husband's attitude had softened and he was considering whether to agree to divorce.

Tang Lawyer, after persuading the male party and confirming his preliminary intention to divorce, began to guide the female party in collecting evidence favorable to the divorce, such as evidence of the male party's infidelity, evidence of separation between the two parties, evidence of the breakdown of feelings, evidence of the children's daily life and studies, and evidence of property, etc. After sorting out the evidence, based on the evidence and in conjunction with the female party's claims, draft the "Civil Complaint" and submit it to the court for filing.

4、Apply to the court for investigation and collection of evidence, including the male party's bank deposits and salary statements. Draft documents and apply to the court for a lawyer's investigation order to investigate the male party's cash deposits and salary statements.

5、Engage in a verbal battle, go to court.

Before the trial, the agent lawyer Tang Yunhong received the male party's "Counterpetition Application." As expected, it clearly stated his requests: first, to request custody of the elder daughter; second, to request the division of the real estate under the female party's name; third, to request the division of vehicles; fourth, to request that the female party assume the male party's debt of 300,000 yuan.

The male party's requests hit the female party's target. Firstly, the male party agreed to the divorce, so the focus of the two parties' dispute became the division of property and custody and alimony. Secondly, in court, both parties were unwilling to give up custody of the child and argued endlessly. In response, Lawyer Tang Yunhong used her life wisdom to ask the male party a "deathly" three-part question: "Do you acknowledge the female party's wholehearted dedication to the child? Do you acknowledge that the grandmother has taken good care of the child? If the child is with you, can you take better care of the child than the female party and the grandmother?" The male party replied, "I can hire a babysitter." Lawyer Tang then pursued the victory with the question, "Do you think a babysitter can be better than your own mother and grandmother?" The male party fell silent, and after 40 seconds, "I agree to give both daughters to the female party for custody"! Thus, the custody claim was successfully achieved, and the female party's greatest demand was met.

The remaining trial time was spent by both parties on a new round of "battle" over the ownership and value of the property, the ownership and value of the vehicle, the joint debt under the male party's name, etc.

Four, Outcome of the Case

One, grant the divorce between the male and female parties;

Two, the two married daughters are to be抚养 by the female party, with the male party paying child support monthly;

三、The property located in Longgang District, Shenzhen is owned by the female party, and the female party shall compensate the male party for the value thereof;

四、The vehicle with license plate粤B is owned by the female party.

Five, Reflections on Case Handling

In this case, the Tang Yunhong lawyer from the Daohua Family Law Firm led the entire case process, and through the design of the divorce plan and its implementation, fully met the demands of the client and protected the legitimate rights and interests of the client. After receiving the judgment, the female party expressed deep gratitude to Lawyer Tang and the team, with Lawyer Tang noting "Our professionalism has helped you, and we are deeply relieved".

Lawyer Tang Yunhong pointed out:

1. Summarizing the entire process and the thrilling experience of handling a divorce lawsuit into a few thousand words is difficult. In handling divorce cases, we can adopt various methods, such as divorce mediation, divorce litigation, and agreed divorce to communicate with the other party, thereby achieving the demands of the parties while also easing the contradictions between the two parties, truly achieving "case settled and matters resolved".

2. As family law lawyers, we need to use our professional knowledge and skills to help those in need, and also to continuously enrich our experience to help more people in need. Solving more family disputes such as marriage and inheritance is also the original intention of establishing the Daohua Family Law Firm.

（Lawyer Tang）

Six, Legal Regulations

1. Article 1079 of the Civil Code: If any of the following circumstances exist and mediation fails, the divorce shall be granted:

(2) Committing domestic violence or mistreating and deserting family members;

(3) Having bad habits such as gambling and drug abuse and failing to reform despite repeated education;

(4) Separation due to disharmony in feelings for a full two years;

(5) Other circumstances leading to the breakdown of the marriage. If one party is declared missing and the other party files for divorce, the divorce should be granted. If, after the People's Court rules that the divorce should not be granted, the two parties separate again for a full year and one party files for divorce again, the divorce should be granted.

2. Article 1084 of the Civil Code: The relationship between parents and children is not terminated by the divorce of the parents. After the divorce, the children, whether directly cared for by the father or mother, remain the children of both parents. After the divorce, the parents still have the rights and obligations of custody, education, and protection over the children.

After the divorce, children under two years of age should, as a principle, be directly cared for by the mother. For children over two years of age, if the parents cannot reach an agreement on custody, the People's Court shall decide according to the specific circumstances of both parties, in accordance with the principle of what is most beneficial to the minor children. Children who are over eight years of age should have their genuine wishes respected.

3. Article 1087 of the Civil Code: At the time of divorce, the joint property of the couple shall be settled by mutual agreement; if an agreement cannot be reached, the People's Court shall decide according to the specific circumstances of the property, in accordance with the principle of caring for the children, the rights and interests of the female party, and the party without fault. The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected in accordance with the law.

4. Article 1064 of the Civil Code: Debts incurred by both parties through joint signing or subsequent recognition by one party, as well as debts incurred by one party in the course of the marriage for the needs of family daily life in their own name, shall be considered joint debts of the couple. Debts incurred by one party in their own name for needs exceeding the family's daily life during the marriage shall not be considered joint debts of the couple; however, this does not apply if the creditor can prove that the debt was used for the couple's joint life, joint business operations, or based on the joint intention of both parties.

Seven, Team Introduction

Dahua Family Law Firm, specializing for ten years in high-value property family law services, is an expert in marriage inheritance family disputes (mediation/trial), and is one of the influential brands in [Shenzhen local] marriage inheritance and wealth management legal services. The team has handled over 1000 cases of marriage inheritance, and has extensive experience in mediation and litigation in complex and difficult marriage family disputes, inheritance disputes, will drafting, and family property distribution. Utilizing local wisdom, the team is skilled in handling difficult divorce property division cases involving Shenzhen small property rights houses, village committee shares, and other disputes, as well as will drafting and notarization, inheritance disputes, and has won unanimous praise from clients.

Adhering to the philosophy of "securing property safety, preventing legal risks, and empowering wealth appreciation," we have gathered experts from industries such as law, banking, insurance, and finance and taxation. With a wealth of successful cases, we provide a comprehensive package of solutions for high-net-worth individuals (including those from Hong Kong, Macau, and foreign nationals) for marriage, family affairs, and wealth inheritance, aiming to achieve the beautiful vision of risk prevention and control, debt isolation, and family wealth inheritance. Asset types cover: real estate (residential housing, small property rights housing, land use rights, etc.), various property rights and interests (equity, debt, relocation compensation, copyright, invention patents, etc.). The team has completed the compilation of "Daohua Successful Cases in Marriage and Inheritance" and "Legal Practice and Theory of Family Wealth Inheritance," and both legal practice and theoretical research have achieved remarkable results.