Dongguan Daohua Law Firm's Lead Family Law Attorney Tang Yunhong Successfully Divorces Client, Wins Custody of Two Daughters, and Acquires Property Ownership

Below is the Daohua Marriage and Family Law Team of Daohua Law Firm in Guangdong.Tang Yunhong lawyerThe successful cases handled personally, all individuals have been anonymized.

The plaintiff, Mr. Wu, learned about Lawyer Tang Yunhong of the Guangdong Dao Hua Law Firm, who specializes in handling marriage, family, and inheritance cases with over a decade of experience, through a friend's introduction. Therefore, he found Lawyer Tang Yunhong through a friend and entrusted him with handling this case. The claims are: divorce, seeking custody of the two daughters and alimony, as well as the division of real estate and vehicles.

02 Dispute focus

How to handle the case where the defendant, the female party, does not agree to divorce in the first divorce lawsuit?

2. How is the custody of two legitimate daughters decided during a divorce? What is the standard for child support?

3. How is the property in Dongguan divided during a divorce?

4. How is the vehicle divided during a divorce in Shenzhen?

03 Investigation process

After accepting the entrustment, the chief lawyer of the Dao Hua Family Law Firm, Tang Yunhong, immediately began working:

Step 1: Carefully sort through the case materials, tailor a lawsuit plan.

Attorney Tang Yunhong will carefully review all types of materials related to the case, including the marital status and property details of both spouses, as well as the custody situation of the children, without missing any details. Through comprehensive and in-depth analysis, combined with legal provisions and past successful cases, a customized litigation plan will be tailored for the party, ensuring a favorable position in the subsequent legal procedures.

Second step: Efficiently submit a lawsuit for divorce to the court

After completing the plan, Tang Lawyer quickly prepared all legal documents and accurately submitted the application for divorce to the court with jurisdiction. Throughout this process, strict adherence to legal procedures was followed to ensure the completeness and standardization of the submitted materials, in order to accelerate the progress of the case acceptance.

Step 3: Professional-led court mediation

The trial mediation phase is crucial. Tang lawyer, with his outstanding communication skills and negotiation techniques, guides both parties in rational dialogue. Supported by professional legal knowledge, he strives to maximize the protection of the legitimate rights and interests of the parties, resolve contradictions and differences, and seek a solution acceptable to both parties.

Step 4: Precision Advancement Real Estate Appraisal

This case involves the issue of property division, and Tang Lawyer has applied for the involvement of a professional and authoritative property valuation agency. To ensure the fairness and transparency of the valuation process, based on market conditions and the actual property situation, an accurate and reasonable valuation price is provided, serving as a strong basis for the subsequent property distribution.

Step 5: Fully guarantee the implementation of the judgment

The court judgment has been issued, and Tang lawyer closely follows the implementation of the judgment. Actively communicates and coordinates with relevant departments to ensure that the rights and interests of the parties are effectively enforced, so that the legal judgment does not become a piece of paper.

04 Investigation results

Through the efforts of the Tang Yunhong legal team of the Dao Hua Marriage and Family Law Firm, the party was successfully assisted in obtaining a divorce and the ownership of the property.

05 Tang Code states

Mr. Tang Yunhong pointed out: AsDivorce lawyerEach time I take on a case, I feel the heavy responsibility of reshaping someone's life. This time, helping the party successfully divorce and secure the property was not an easy path. In the maze of law, relying on professionalism and experience, I unraveled the key evidence, and maintained a just stance in the courtroom's verbal duel. This was not just a struggle for divorce and property ownership, but also a defense of the party's legitimate rights and future life. When the victory was achieved, seeing the renewed hope in the client's eyes, I deeply realized that I am not only a practitioner of law but also a dream builder who lays a new starting point in the shattered lives of the parties, using the power of law to turn the page on their lives.

(Tang Yunhong lawyer)

06 Involved laws and regulations

1. Divorce:

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

(1) Bigamy or cohabitation with another person;

(2) Committing domestic violence or mistreating, deserting family members;

(3) 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.

(Five) Other circumstances 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 against divorce, if both parties have been separated for a full year and one party files a second divorce lawsuit, the divorce should be granted.

2. Child custody:

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 old 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 of what is most beneficial to the minor children. For children who are eight years old or older, their true wishes shall be respected.

Article 46 of the Judicial Interpretation: For minors who are over two years old, if both parents demand direct custody, priority consideration may be given if one party has any of the following circumstances:
(1) Has undergone sterilization surgery or has lost the ability to reproduce for other reasons.
(2) The children have lived with them for a longer period of time, and changing their living environment is obviously detrimental to their healthy growth.
(3) One party has no other children, while the other party has other children.
(4) If the child follows the other parent's lifestyle, it is beneficial for the child's growth. However, if the other parent has a chronic, incurable infectious disease or other serious illness, or has other circumstances that are unfavorable to the physical and mental health of the child, it is not advisable for them to live together with the child.

Article 47: If the conditions for the parents to rear their children are basically the same, and both parties require direct custody of the children, but the children have lived separately with their grandparents or step-grandparents for many years, and the grandparents or step-grandparents request and are able to help care for their grandchildren or step-grandchildren, this may be considered a priority condition for either parent to directly rear the children.

3、Child support:

Article 1084 of the Civil Code: After divorce, if a child is directly cared for by one party, the other party shall bear part or all of the child support expenses. The amount of the expenses and the duration shall be agreed upon by both parties; if they cannot reach an agreement, the People's Court shall make a judgment.

The provisions of the preceding paragraph do not prevent the child from reasonably requesting an amount exceeding the original amount agreed upon or determined by the agreement or judgment from either parent when necessary.

Article 49 of the Interpretation of the Civil Code on Marriage and Family: The amount of child support may be determined based on the actual needs of the child, the financial burden capacity of both parents, and the actual living standards of the local area.

For those with a fixed income, child support is generally paid at a rate of 20% to 30% of their monthly total income. For those responsible for the support of two or more children, the ratio may be appropriately increased, but generally should not exceed 50% of their monthly total income.

4. Division of joint property of husband and wife:

Article 1062: The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the couple, jointly owned by both:

(1) Salary, bonuses, remuneration for labor;

(2) Income from production, operation, and investment.

(3) Income from intellectual property rights;

(4) Property inherited or gifted, except as provided for in the third item of Article 1063 of this Law.

(5) Other property that should be jointly owned.

Husband and wife have equal rights to handle the joint property.

Article 1063: The following property shall be the personal property of one spouse:

(1) The pre-marital property of one party.

(2) Compensation or compensation obtained by one party due to personal injury.

(3) Property specified in a will or gift contract to be solely owned by one party.

(4) Articles of daily use exclusively for one party.

(5) Other property that should be attributed to one party.

Civil Code Article 1087In the event of divorce, the joint property of the couple shall be handled by mutual agreement between the two parties; if an agreement cannot be reached, the People's Court shall handle it according to the specific circumstances of the property.Judgment is made in accordance with the principle of caring for children, the rights and interests of the female party, and the party without fault.The rights and interests of the husband or wife in the household land contracting and operating should be protected in accordance with the law.

06 Team Introduction

Dao Hua Family Law Firm, ten years focused on major property marriage and family legal services, expert in marriage inheritance and family disputes (mediation/trial), is one of the influential brands in [Shenzhen local] marriage inheritance and wealth management legal services.

The team has handled over 1,000 cases related to marriage inheritance, major complicated marriage and family matters,Succession inheritance disputeWills customization, family property distribution, and other dispute resolution fields have rich mediation and litigation practical experience, utilizing local wisdom, and are good at handlingShenzhen small property housesDifficult divorce property division involving village committee shares, will drafting and notarization, and inheritance disputes cases have won 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) in marriage, family affairs, and wealth inheritance, aiming to achieve the beautiful vision of risk prevention and control, debt isolation, and family wealth inheritance.

Asset types include: real estate (residential property, small property rights, land use rights, etc.), various property rights (equity, debt, relocation compensation, copyright, invention patents, etc.).

The team has completed the compilation of "A Collection of Successful Cases of Dao Hua Marriage and Inheritance" and "Legal Practice of Family Wealth Transmission," achieving outstanding achievements in both legal practice and theoretical research.