Divorce Litigation Carries Risks, Dao Hua Lawyer Adapts Tactics to Win All Property

Case Summary:

Ms. Xu and Mr. Zhao are married, and they have a son together. During their marriage, they purchased a house and a car. Later, the husband had multiple affairs during the marriage. Ms. Xu tolerated this for the sake of the children's growth. Eventually, she could no longer tolerate it and hoped to resolve the marital issues through litigation. However, the husband claimed that the house and car should be his, and he also claimed custody of the child. In order to protect her legitimate rights and interests, Ms. Xu sought help from the Daohua Family Law Firm.

Investigation process:

The Daohua Family Law Firm has always emphasized close communication with clients to understand the most real case situation. Ms. Xu told us that Mr. Wei not only had affairs during the marriage, but Mr. Zhao also had a temper and an extreme personality. When disputes occurred, the male party was accustomed to solving problems through violence, which had repeatedly caused Ms. Xu to be injured. Ms. Xu is worried about her personal safety and her child's growth environment, and is extremely desperate about the marriage situation, hoping that the Daohua Family Law Firm can help her protect her rights. Ms. Xu put forward three demands: one, to fight for custody of the child; two, to fight for ownership of the property and vehicles; three, to require the male party to make economic compensation. The Daohua Family Law Firm team immediately conducted a legal analysis of the case and preliminarily judged that Ms. Xu's request to fight for custody of the child is unlikely to be supported by the court!

The legal risk points of the case are: Although Ms. Xu has a stable income from work, due to her busy work schedule, she has less time to take care of her child, and since the child is a boy, Mr. Zhao has a greater advantage in same-sex custody. Moreover, Mr. Zhao has taken more care of the child, especially in educational issues, etc., so there is a high probability that custody will be awarded to Mr. Wei. Therefore, if the issue is resolved through a judgment, Ms. Xu is likely to be unable to secure custody of the child. The Daohua Marriage and Family Lawyer hopes to resolve the dispute through mediation. After contacting Mr. Zhao, Mr. Zhao, upon hearing it was Ms. Xu's lawyer, strongly refused and repeatedly cursed the lawyer before hanging up the phone. After multiple contacts and negotiations with Mr. Zhao, the Daohua Marriage and Family Lawyer determined the litigation strategy, which can start with Mr. Zhao's explosive temper. Ms. Xu should retain evidence of Mr. Zhao's violence, reveal Mr. Zhao's ferocious image to the judge, leave an impression on the judge that Mr. Zhao is temperamental and has violent tendencies, and then explain to the judge: Mr. Zhao has domestic violence behavior, which is very detrimental to the child's growth and development, and is not suitable for child custody. This is to gain an advantage in fighting for custody.

Through the careful organization of case materials by Dao Hua marriage and family law firm, comprehensive collection of case information, and preparation of detailed case forms, a good preparation for subsequent litigation has been made.

During the divorce lawsuit trial, the Daohua family law attorney continuously put pressure on Mr. Wei. Because through limited contact, the Daohua 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, the lawyer continued to present the fact that Mr. Zhao had committed infidelity multiple times to the judge, leading the judge to form an internal confirmation of Mr. Zhao's infidelity. This also put certain pressure on Mr. Zhao during the judge's organization of mediation.

Case outcome:

Both parties reached a mediation agreement: Mr. Zhao will pay Ms. Xu a compensation of 300,000 yuan, Mr. Zhao will give up custody rights, property, and vehicles, and Ms. Xu does not need to pay the purchase price.

Dao Hua Analysis:

This case maximizes the protection of Ms. Xu's interests and meets all of her claims, thanks to the flexible and skillful litigation strategy of the Dao Hua Family Law Firm.

In this case, the Daohua Marriage and Family Law Firm, through rigorous legal analysis, found that it is difficult to obtain full support from the court for Ms. Xu's claims solely through litigation, and therefore clearly chose to seek maximum rights and interests through mediation. So, how can mediation be achieved?

Because mediation must be based on the willingness of both parties, Mr. Zhao has been the biggest challenge in reaching a mediation. The Dohua Family Law Firm, through its proficient legal knowledge and the negotiation skills of appealing to emotions and reason, has laid a solid foundation for gaining custody rights and has helped the judge understand the case and Mr. Zhao's image. Secondly, the Dohua lawyer has extensive litigation experience, skillfully applying litigation techniques, and can accurately grasp the psychology of the parties, customizing exclusive mediation plans around the parties' psychology and character to maximize the realization of their interests. Through the professional legal analysis of the Dohua Family Law Firm and the timely fixation of evidence in the case, the court determined that Mr. Zhao indeed engaged in extramarital affairs, violated the obligation of conjugal fidelity, caused mental damage to Ms. Xu, and should pay compensation for mental distress. With the help of the Dohua Family Law Firm, Ms. Xu received the compensation paid by Mr. Zhao and maintained her legitimate rights and interests.