Male Party's Adultery Leads to Divorce Suit, Dao Hua Lawyer Assists Female Party in Winning All Property

Case Summary

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

Investigation process

Dahua lawyer always emphasizes close communication with clients to understand the most real case situation, and immediately starts working after accepting the entrustment. Through communication with the female party, it was learned that due to personality reasons, the couple often quarreled over trivial matters after marriage, leading to multiple miscarriages for the female party. Therefore, their emotional relationship has been strained for a long time, with no common language and inability to live together. They have been separated for over two years, and their feelings are completely broken, with no possibility of reconciliation. She hopes that Dahua lawyer can help her protect her rights.

The woman proposed three claims: one, to seek custody of the child; two, to seek ownership of the property and vehicle; three, to require the man to provide financial compensation. The Dahuo lawyer then conducted a legal analysis of the case. The Dahuo lawyer believed that negotiation and mediation could better resolve the woman's issues, and through communication and exchanges with the woman, the plan for negotiation and mediation was ultimately determined. The Dahuo lawyer established the mediation approach, starting with the man's extramarital affair. The woman was asked to collect and provide evidence of the man's extramarital affair and cohabitation with others, leaving an impression on the judge that the man neglected his family responsibilities and violated the duty of conjugal fidelity. Subsequently, the lawyer explained to the judge: the man had major faults during the marriage, was mainly responsible for the breakdown of the marriage and family, and should compensate the woman. Moreover, the man's behavior is detrimental to the growth and development of the child, making him unsuitable for child custody, and thus gaining an advantage in the custody battle.

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

During the divorce lawsuit trial, the lawyer Dao Hua continuously exerted pressure on the male party. Because through limited contact, Lawyer Dao Hua not only analyzed the legal issues of the case but also analyzed the male party's personality characteristics, arguing from multiple dimensions of law and psychology. Finally, during the judge's organized mediation, both parties reached an agreement, successfully securing all the female party's property and custody of the children, with the male party voluntarily waiving any claim for compensation from the female party.

Case outcome

Both parties reached a consensus and concluded a mediation agreement:

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

2. Both parties confirm that the house and vehicles under the name of the husband and wife are owned by Ms. Xu, and Mr. Zhao voluntarily waives his right to claim any compensation from Ms. Xu.

3. Mr. Zhao paid Ms. Xu a compensation of 100,000 yuan.

Dao Hua analysis

This case can maximize the protection of the female party's interests and meet all of her claims, thanks to the flexible and skillful litigation strategy of the Dao Hua lawyer.

In this case, through rigorous legal analysis, the lawyer at Dao Hua found that it is difficult to obtain full support from the court for the female party's claims solely through litigation, and therefore explicitly 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, the male party has always been the biggest challenge to reaching a mediation. Diao Hua lawyer, through his proficient legal knowledge and the negotiation skills of appealing to emotions and reason, has laid a solid foundation for achieving property and custody rights, and has also helped the judge understand the case and the male party's image. Secondly, Diao Hua lawyer has rich litigation experience, skillfully applying litigation techniques, and can accurately grasp the male party's psychology. By customizing exclusive mediation plans around the male party's psychology and character, the female party's interests can be maximized. Through Diao Hua lawyer's professional legal analysis and timely fixation of evidence in the case, the judge determined that Mr. Zhao indeed engaged in extramarital affairs, violated the obligation of conjugal fidelity, caused mental damage to Ms. Xu, and should pay mental damage compensation. With the help of Diao Hua lawyer, the female party not only obtained all the property and custody of the child but also received compensation from the male party, to the greatest extent protecting her legitimate rights and interests.