Mommy's Boy Turned Out to Be a Matchmaker, Dao Hua Lawyer Successfully Helps Client Dissolve Marriage and Gain Custody of Children and Substantial Child Support

Investigating personnel: Lead lawyer Tang Yunhong, Qian Xinxin

Case Summary

In December 2014, Ms. Li met Mr. Huang through an introduction. Mr. Huang's family had a decent financial condition; his father owned a factory with some assets, and his mother, as the homemaker, was very concerned about Mr. Huang's life and education. Before marriage, Mr. Huang owned a fully paid house and a mortgage house in Shenzhen. Although Ms. Li's family was not as wealthy as Mr. Huang's and her personal education was not as excellent, she had a beautiful appearance, was positive and upwardly mobile, and had strong work abilities. At that time, Mr. Huang had also reached an appropriate age for marriage, so they began to interact with the aim of getting married.

On July 27, 2015, Ms. Li and Mr. Huang registered their marriage at the Marriage Registration Office in Luohu District, Shenzhen. In September 2016, Ms. Li gave birth to a daughter, Huang Yiyi (pseudonym).

Both lived together in Mr. Huang's mortgage house after marriage, and Mr. Huang's mother often came back to visit and take care of her granddaughter. It was at this time that family issues that had not appeared before marriage emerged, sowing the seeds of the breakdown of Ms. Li and Mr. Huang's marriage.

As a housewife, Mrs. Huang has been caring and strict with her son in terms of his daily life, education, and work. After moving to the new small family, Mrs. Huang couldn't stand this or that about her daughter-in-law, thinking that her son is good in every aspect and there is a clear generation gap in the care of her son.

In 2017, Ms. Li had an argument with Mrs. Huang, and Mr. Huang, as her husband and son, did nothing. After that, such situations occurred frequently, and Mr. Huang's inaction gradually made Ms. Li feel despondent. In 2019, Ms. Li moved out with her child, and Mr. Huang paid a certain amount of child support each month. Initially, Mr. Huang would visit once or twice a month to play with the child, but as time went by and the Shenzhen epidemic became severe, Mr. Huang has not visited the child for a year. However, as a father, Mr. Huang still pays the child support each month.

In May 2022, Ms. Li approached the Dao Hua Family Law Firm to seek a divorce from Mr. Huang, requesting sole custody of their daughter, Yi Yi, with Mr. Huang paying 3,000 yuan in child support monthly, to be paid annually. Regarding the joint property of the couple, Ms. Li stated that she has no interest in or desire to claim it.

Case outcome

The case was successfully mediated and resulted in a divorce. The custody of daughter Yi Yi is granted to Ms. Li, with Mr. Huang paying 5,000 yuan in child support monthly and making an annual payment before March 31st each year. The properties under the names of each spouse remain their own.

The process of Dao Hua lawyer handling the case

After finding the Daohua Family Law Firm, Ms. Li clarified her demands: 1. Divorce; 2. Custody and child support. After understanding the entire case, it was found that Ms. Li's case did not meet the legal conditions for divorce. Although Mr. Huang's inaction led to the breakdown of the couple's relationship, the root of the conflict was with Mr. Huang's mother. Moreover, although the couple had been separated since 2019, Mr. Huang had been paying for his daughter's expenses every month, and even played with her together during the New Year. The Civil Code requires two years of separation to be "due to the incompatibility of feelings and without any emotional or economic exchanges." Ms. Li's situation involved economic exchanges with Mr. Huang, so it could not be identified as separation due to incompatibility of feelings, making it very difficult to obtain a divorce judgment.

Secondly, regarding the custody of ..., it is most likely not an issue. ... is a girl, already over six years old, and has been living with Ms. Li since she was three. However, when it comes to child support, Mr. Huang has been paying 3,000 yuan per month. After learning the specific circumstances of the case and after Ms. Li expressed indifference to the appreciation of the mortgaged house, Tang Lawyer hopes to help Ms. Li to fight for as much as possible.

Therefore, in filing the lawsuit, the strategy of taking the initiative was adopted, demanding 1. Divorce; 2. Custody and child support of 6,000 yuan per month; 3. Requesting an equal division of the marital appreciation of the mortgage house under Mr. Huang's name, according to the calculation standards of the Shenzhen Intermediate Court.

The Daohua Family Law Firm explained to Ms. Li the purpose of this action, because if the other party does not agree to divorce, we cannot obtain a divorce judgment through the court. Therefore, we will strive to resolve the case at the pre-litigation mediation stage. In order to gain the initiative in negotiations, our demands should be as many as possible initially, and we should gradually make concessions during the negotiation process, giving the other party a sense of "gaining," which makes it easier to reach a mediation.

Ultimately, through the intervention of the court mediation, both parties agreed to dissolve the marriage relationship. The Dao Hua Family Law Firm successfully secured the custody of the daughter for Ms. Li, with alimony exceeding expectations.

Out-of-case statement

Every family has its own hard-to-read book, and only love is the reason for marriage. If the unhappiness brought by a marriage exceeds the energy it brings, then learning to let go may be the beginning of another happy chapter.

Life is not just about love and marriage. The couple, introduced by others due to age, fall in love and get married, only to find that neither their personalities nor their family backgrounds can blend well together. This marriage, brought about by the so-called "marriage haste," may have been wrong from the very beginning.

Although there is no marriage that cannot be dissolved in the world, once it truly reaches the courtroom, it is actually very difficult to get a divorce in one go if the other party does not agree. The Daohua Family Law Firm approaches the issue from multiple angles, professionally, meticulously, and strategically, fully understanding the case itself and clearly identifying the parties' demands. We provide comprehensive analysis of the case for our clients, allowing the parties to have full trust in their lawyers, with the aim of achieving the parties' demands.

Focusing on resolving major property-related marital and family disputes, handling every divorce case meticulously, and striving to seek maximum happiness and benefits for each party involved, is what the Dao Hua Family Law Firm has been consistently working on and persistently pursuing.