Dao Hua Success Cases | Mother-in-law and daughter-in-law conflict leads to divorce; Dao Hua marriage and family lawyer Tang Yunhong intervenes in divorce mediation and litigation, successfully

One,Case review

In autumn 2022, Madam Zhou arrived at the reception area of the Dao Hua Law Firm in Guangdong with a worried expression, asking to consult with the head lawyer of the law firm's marriage lawyer team, Lawyer Tang Yunhong. After stating her purpose, Lawyer Tang received her and learned:

In 2019, they met through blind dates. Considering they were of age, they got married quickly after knowing each other for half a year.

Not long after marriage, a child was born. The woman took care of the child in her hometown in Hunan while the man worked in Shenzhen. Due to the lack of understanding between the two places before marriage and the failure to establish a marital relationship after marriage, their lives became increasingly mundane.

In March 2022, the woman came to Shenzhen with the child, lived with the man, and the mother-in-law also came to take care of the child. Unexpectedly, within a month, the conflicts between the mother-in-law and daughter-in-law escalated, making the days unbearable. After a "family war," the woman decided to divorce, moved out of the house, and officially began to live apart.

In October 2022, Ms. Zhou learned online that the "Dowah Law Firm - Dowah Family Law Team" ranked among the top three in Guangdong marriage and family law firms, and therefore came to seek out Lawyer Tang Yunhong by name.

Second,Dispute focus

1. Child custody:The male party may disagree with divorce to fight for child custody, delaying the matter until the child is 2 years old.

2. Property division:The down payment for the house, 230,000 yuan was provided by the groom's mother and brother, and the other party may claim it as a joint debt of the couple.---In the case of such parental contributions, should it be identified as a gift or a loan? How does the court handle this?

3. Return of bride price:The male party may demand the return of the dowry or the division of the dowry, wages, and money for the wedding banquet, totaling 168,000 yuan. --- Regarding the dowry, wages, and money for the wedding banquet, how will the court make a determination? Is it considered pre-marital personal property or joint property of the couple?

Three,Investigation process

(1) After accepting theentrustment, Tang Lawyer predicted various responses from the male party based on the case.

1. The best response: The husband agrees to divorce, custody of the child is awarded to the wife, the house is awarded to the husband, and the husband compensates the wife. The bride price and wedding banquet money do not need to be returned by the wife.

2. Secondly: The male party does not agree to divorce, and issues such as children, houses, materials, etc., will not be handled. Awaiting the second lawsuit.

3. The worst: The husband agrees to divorce, custody of the child is awarded to the wife, the house is not dealt with, and the money for the dowry and wedding banquet is handled.

(Second) Conduct the first round of communication and mediation with the male party:The male party agrees to the divorce but requests that custody of the child be awarded to the female party, and the house is not to be dealt with. He also demands the return of the money spent on the dowry and wedding banquet, and that the female party repay the amount contributed by the male party's family for the house purchase.

(3) Assertive litigation:After understanding the male party's attitude, he is firm in his stance, and can only file for divorce first to strive for the maximum property benefits. First, determine the claims: file for divorce, custody of the child, and property division; second, apply to the court for investigation and evidence collection, obtain the male party's salary statements, and demand a high amount of child support as well as cash division.

(4) Mediation during litigation:In this case, the female party's lawsuit was dismissed, and the male party's lawsuit was also dismissed. After that, both parties filed a lawsuit again and finally reached a settlement, reaching an agreement. Therefore, during the period before the divorce, the mortgage is borne by the male party using the joint property of the couple, and the female party does not need to bear it. The longer the case drags on, the more disadvantageous it is for the male party.

The lawyer cleverly utilized this advantage, smoothly reaching a reconciliation.

Four,Investigation results

The case has achieved 100% of the customer's demands.

Divorce √  Child custody √  Alimony √  Property disposition √ Return of dowry is not required √ Debt assumption is not required √

Five,Insights from law enforcement

The team recently successfully mediated several divorce cases.

Lawyer Tang Yunhong often says: During the mediation process, one deeply realizes that divorce disputes not only involve legal issues but also concern the warmth and coldness of human feelings. Through mediation, it can both reduce the litigants' litigation costs and better maintain family stability, achieving the unity of legal and social effects.

At the same time, Tang Lawyer pointed out: As a family law attorney specializing in marriage and domestic matters, in order to do a good job in divorce mediation, one needs to patiently listen to the demands of both parties, understand the emotional contradictions of the parties involved, and guide both sides to rationally view the issues from a neutral standpoint. In the mediation process, one should also pay attention to the following points:

Firstly, have a comprehensive understanding of the case situation, including key issues such as property division and child custody.

Secondly, be skilled in using communication techniques to alleviate the opposing emotions of both parties.

Finally, combining the legal provisions and the actual situation, a reasonable solution is proposed.

(Tang Yunhong, lawyer)

Six,Team Introduction

Dao Hua Marriage and Family Law Firm, ten years focused on · major property marriage and family legal services, expert in marriage inheritance and family disputes (mediation/trial), is [Shenzhen native]- One of the influential brands in marriage inheritance and wealth management legal services. The team has handled over 1000 cases related to marriage inheritance, and has extensive mediation and litigation experience in controversial areas such as complex marriage and family disputes, inheritance disputes, will drafting, and family property distribution. Utilizing local wisdom, the team is skilled in dealing with difficult divorce property division cases involving Shenzhen's small property rights houses, village committee shares, and other areas, as well as will drafting and notarization, inheritance disputes, winning unanimous praise from clients.

Adhering to the philosophy of "securing property safety, preventing legal risks, and empowering wealth growth," we gather 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 risk prevention and control, debt isolation, and the beautiful vision of family wealth inheritance. Asset types cover: real estate (commercial 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 of Marriage and Inheritance" and "Legal Practice of Family Wealth Inheritance," and both legal practice and theoretical research have achieved remarkable results.