Highly Educated Women Trapped in Divorce Quagmire, Lawyer Tang Yunhong of Dao Hua Divorce Law Firm Fully Represents Divorce Mediation and Litigation, Finally Wins Custody of Two Daughters, Real

Introduction:"A hundred years of cultivation leads to crossing the same boat, a thousand years of cultivation leads to sleeping on the same pillow," but can a marriage continue when faced with a third party, cold violence, and economic crisis? Shenzhen divorce lawyer Tang Yunhong recently handled a divorce case where the woman encountered a third party, and the man refused to divorce and neglected the family. The law firm of Dao Hua represented the divorce mediation and litigation, ultimately winning custody of the child, property, and vehicles, achieving a great victory.

Keywords: Divorce dispute, Divorce litigation, Litigation process, Divorce lawyer, Tang Yunhong lawyer

One,Case review

1、Case progress.

In 2010, the couple met and fell in love at first sight through a friend's introduction, and quickly established a romantic relationship. In 2013, they registered their marriage, and in 2014, they had their first daughter. In 2017, they had their second daughter. After marriage, the woman, in addition to her job, wholeheartedly took care of the two daughters and managed the daily household chores. However, the couple often argued over family and trivial matters. After the birth of the children, the woman's mother took care of the children, managing their daily lives, studies, and living. The man rarely intervened, even relying on others for clothes and food. The woman communicated with the man multiple times, requesting him to take more care of the daughters and share household chores, but there was no improvement. In 2021, the man often did not return home at night. After investigation by the woman, it was found that the man had a third party. Helplessly, after careful consideration, the woman finally decided to divorce.

2、The male party is unwilling to break off with the third party and also unwilling to divorce.

The male party, although having a third party outside, hopes that both sides can coexist peacefully and hopes that the female party considers the two children and does not divorce. However, the male party's real thoughts are: the female party takes care of the children, pays the mortgage, and can still enjoy family happiness at home occasionally, and does not need to bear any family responsibilities.

3、Communication barriers are numerous with the male party.

At first, the man refused to communicate about the divorce matter, but later he finally agreed to communicate. However, he remained indifferent,disagreeddivorce, and threatened, "If you have the courage, sue for divorce. By then, I want the child, the house is mine, the car is mine, and you have to bear a 300,000 yuan debt," his attitude was extremely arrogant.

4、The female party wishes to maximize the protection of her legitimate rights and interests.

The female party considers: Since the marriage cannot continue and the male party has committed faults in the marriage, for the healthy growth of the two children in the future, the female party requires a larger share of the property and strives to gain custody of the two daughters, as well as the house and vehicle, so that the male party can "leave the house with nothing."

5、Hire a divorce lawyer to act as a full agent.

By now, the female party firmly believes that she is unable to divorce peacefully with her own abilities and can only file for divorce, seeking to maximize her own interests. Therefore, through the introduction of a friend, she found the chief lawyer of the Dao Hua Family Law Firm, Tang Yunhong, to seek legal assistance.

Second,Dispute focus

After accepting theentrustment, lawyer Tang Yunhong from the Dao Hua Family Law Firm quickly sorted out the case, combined with the female party's demands, and summarized the focal points of the case dispute.

1、Regarding divorce: There is currently no legal ground for divorce between the husband and wife.

Article 1079 of our Civil Code stipulatesIn any of the following situations, if mediation is ineffective, divorce should be granted: bigamy or cohabitation with another person; the practice of domestic violence or abuse, desertion of family members; having bad habits such as gambling and drug abuse that are not corrected despite repeated education; separation due to disharmony in feelings for a full two years; other situations that lead to the breakdown of the couple's relationship. If one party is declared missing and the other party files for divorce, divorce should be granted. If, after the People's Court has ruled that divorce should not be granted, the two parties separate again for a full year and one party files for divorce again, divorce should be granted.In this case, first, there is no situation of separation for two years between the husband and wife. Second, although the husband has committed infidelity, the evidence is not sufficient, nor does it reach the situation of bigamy or cohabitation with others. Therefore, there is a legal ground for divorce in this case.

So, one of the key points in this case is to prove that the couple's feelings have indeed been broken or that the husband agrees to divorce; otherwise, it may be necessary to file a second divorce lawsuit.

2、Regarding child custody: There is a risk that the court may rule that each parent gets one of the two daughters.

Article 1084 of our Civil Code stipulatesAfter divorce, children under two years of age shall be primarily cared for by the mother. For children who are two years of age or older, if the parents cannot reach an agreement on custody, the People's Court shall make a judgment based on the specific circumstances of both parties, in accordance with the principle that is most favorable to the minor children. For children who are eight years of age or older, their true wishes shall be respected.."In this case, both daughters are under the age of 2-8, according to the general judgment rules of the court, the judgment would be that each parent cares for one child, so the female party may only obtain custody of one daughter.

3、Regarding property division: The Shenzhen Longgang house is valued at 2.6 million yuan, and the female party wants the property and cannot compensate the male party for the equivalent amount.

Article 1087 of our Civil Code stipulates“In the event of divorce, the joint property of the couple shall be handled by mutual agreement; if an agreement cannot be reached, the People's Court shall make a judgment according to the specific circumstances of the property, in accordance with the principle of considering the rights and interests of the children, the female party, and the party without fault. The rights and interests enjoyed by either husband or wife in the land contracting operation of the family shall be protected in accordance with the law."In this case, although the other party has committed an extramarital affair, due to the insufficient evidence possessed by the female party, the property is likely to be divided equally, so the female party can only bid low to obtain the property."

4、Regarding debt assumption: The 300,000 yuan debt under the male party's name may be considered as joint debt of the couple, and the female party may face the risk of joint repayment.

Article 1064 of our Civil Code stipulates“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 beyond the family's daily life during the marriage are not 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 spouses."If the male party can prove that the 300,000 yuan debt has been used for the joint life of the couple, there is a risk for the female party to bear the debt with the male party."

In summary, Lawyer Tang Yunhong pointed out that it is indeed necessary to make full preparations for this case, and only after the argumentation plan is implemented can it be put into effect. Otherwise, it may not meet the female party's demands.

Three,Investigation process

Tang Yunhong, lawyer, led the team to sort out the case situation, summarize the focal points of the dispute, and then began...Establish a divorce lawsuitThe plan has been implemented and put into practice.

1、Establish the litigation plan of "litigation first, mediation during litigation."

After in-depth communication with the female party, Tang lawyer clarified her demands: First, she must obtain custody of the two daughters; second, the property should be at least split 50/50, she needs to obtain ownership of the property, and the vehicle can be used freely; third, the male party will not assume the debts under his name. Considering the case materials, first, the male party is unclear about his attitude towards agreeing to divorce, second, both daughters are between the ages of 2-8, which is not conducive to simultaneously seeking custody of both daughters, third, there is a possibility that the debts under the male party's name were used for daily household expenses, and lastly, the male party's refusal to communicate led to the inability to mediate before the lawsuit. In view of this, Tang lawyer decisively formulated the "litigation first, mediation during litigation" plan.

2、Surveying the male party's agreement to divorce before the lawsuit.

In most cases, in divorce cases where there is no legal ground for divorce, if one party files for divorce for the first time and the other party does not agree to divorce, the first court judgment will be to disallow the divorce for both parties. Therefore, if the male party in this case does not agree to divorce, it may not be successful on the first attempt. To increase the chances of winning the case, Lawyer Tang called the male party and communicated the preliminary divorce plan, expressing the female party's determination to divorce, and persuading the male party to agree to divorce. After a round of investigation by Lawyer Tang, it was found that the male party's attitude had softened and he was also considering whether to agree to divorce.

3、Draft a civil complaint, compile and organize evidence materials, and submit them to the court for filing and record.

Tang Lawyer convinced the male party and confirmed that he had an initial intention to divorce, and then began to guide the female party to collect 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, combined 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 evidence collection, investigating the bank deposits and salary statements under the male party's name.Draft documents, apply to the court for a lawyer's investigation warrant to investigate the cash deposits and salary statements under the male party's name.

5、Verbal duel, court session.

Before the trial, attorney Tang Yunhong received the defendant's "Counterpetition Application." As expected, it clearly stated the requests: first, to have custody of the elder daughter; second, to divide the real estate under the woman's name; third, to divide the vehicle; fourth, to have the woman assume the debt of 300,000 yuan under her name.

The man's request hits the woman's expectations right on the mark. Firstly, the man agrees to the divorce, so the focal issues between the two parties become property division, custody, and child support. Secondly, in court, both parties refuse to budge on the issue of child custody, and the dispute continues. Regarding this,Tang Yunhong lawyerUsing life wisdom, the "deathly" three-part question to the male party: "Male party, do you acknowledge the female party's wholehearted dedication to the child? Male party, do you acknowledge that the grandmother takes good care of the child? Male party, if the child is under your care, can you do better than the female party and the grandmother?" The male party replied, "I can hire a babysitter," and Tang lawyer pressed further, "Do you think a babysitter can do better than your own mother and grandmother?" The male party fell silent, and after 40 seconds, "I agree that both daughters will be under the custody of the female party!" Thus, the claim for custody was successfully achieved! The female party's greatest demand was met!

The remaining court hearing time saw both parties engage in a new round of "battle" over the ownership and value of the property, the ownership and value of the vehicle, and the joint debt under the husband's name.

Four,Investigation results

One, approve the divorce between both parties.

Secondly, the daughter born from a second marriage will be under the custody of the mother, with the father paying child support monthly.

Three, the property located in Longgang District, Shenzhen is owned by the female party, and the female party will compensate the male party at a discounted price.

Four, the vehicle with the registration plate YuEB belongs to the female party.

Five,Experience in law enforcement

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

Mr. Tang Yunhong pointed out:

1. A few thousand words are insufficient to summarize the entire process and thrilling experience of handling divorce litigation cases. In handling divorce cases, we can adopt various methods, such as divorce mediation,Divorce lawsuitCommunicate with the other party regarding issues such as agreed divorce, in order to achieve the party's demands while also easing the contradictions between the two parties, truly achieving the goal of "case settled and matters resolved."

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

(Tang Lawyer)

Six,Legal regulations

Article 1079 of the Civil Code: In any of the following circumstances, where mediation is ineffective, divorce should be granted:

(1) Bigamy or cohabitation with another person;

(2) Committing domestic violence or mistreatment, abandonment of family members;

(Three) Persistent in bad habits such as gambling and drug abuse despite repeated correction.

(4) Separated due to incompatibility in feelings for more than two years.

(5) Other situations leading to the breakdown of the couple's feelings. If one party is declared missing and the other party files for divorce, the divorce should be granted. After the People's Court has ruled that the divorce should not be granted, if both parties have been separated for a full year and one party files for divorce again, the divorce should be granted.

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

After divorce, children under two years of age shall be primarily cared for by the mother. For children who are two years of age or older, if the parents cannot reach an agreement on custody, the People's Court shall make a judgment based on the specific circumstances of both parties, in accordance with the principle that is most favorable to the minor children. For children who are eight years of age or older, their true wishes shall be respected.

Article 1087 of the Civil Code: During a divorce, the joint property of the husband and wife shall be handled by mutual agreement; if the agreement fails, the People's Court shall decide according to the specific circumstances of the property, in accordance with the principle of considering the interests of the children, the female party, and the party without fault. The rights and interests enjoyed by the husband or wife in the land contracting operation in the family shall be protected in accordance with the law.

Article 1064 of the Civil Code: 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 the family's daily life during the marriage are not 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 spouses.

Seven,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 experience in dispute resolution fields such as complex marriage and family matters, inheritance disputes, will drafting, and family property distribution. Utilizing local wisdom, the team is skilled in handling difficult divorce property division cases involving Shenzhen's small property rights houses, village committee shares, and will drafting and notarization, as well as inheritance disputes, winning unanimous praise from clients.

Adhering to the philosophy of "securing property safety, preventing legal risks, and empowering wealth appreciation," we gather experts from industries such as law, banking, insurance, and finance tax, 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, 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 of Marriage and Inheritance" and "Legal Practice of Family Wealth Inheritance," and both legal practice and theoretical research have achieved remarkable results.