Shenzhen Longhua Court Divorce Dispute - Professional Divorce Lawyer Tang Yunhong Promotes Mediation through Litigation, Organizes Chat Record Evidence, Mediates Divorce to Help Female Party Preserve

Marriage and Family Affairs Dispute (Mediation/Litigation) Practical Expert

Ten years of focus on; marriage and family legal services for bulk property matters

Guangdong Dao Hua Law Firm, Dao Hua Marriage and Family Law Team, Tang Yunhong Lawyer, Top Ten Divorce Lawyers in Shenzhen, Top Ten Inheritance Lawyers, Professional Divorce and Inheritance Litigation Lawyers in the Guangdong-Hong Kong-Macau Greater Bay Area, Famous lawyers for large family properties, numerous successful cases, especially skilled in handling: difficult property division/court litigation, listed company equity/fund/share division, real estate, Shenzhen small property rights houses/farmer houses, land, factories, virtual currency assets, Hong Kong divorce property division, marital/divorce property agreements, tax planning, debt isolation, divorce property transfer, international inheritance, will notarization, will/inheritance disputes litigation, will drafting and validity determination, old city renovation and demolition, civil and criminal crossover, cross-border collaboration, etc. Service areas: Guangdong, Shenzhen, Futian, Hong Kong, Macau, overseas, Guangzhou, Zhongshan, Zhuhai, Foshan, Huizhou, Dongguan.

Abstract:In Shenzhen's marriage and family disputes, property division and mental stress are often the dual dilemmas faced by the parties involved. Shenzhen divorce lawyer, Tang Yunhong, the head of the Daohua Marriage and Family Law Firm, represented a divorce case in December 2024. In this case, the couple's conflicts deepened due to economic, family relationship, and communication issues, and their multiple attempts to negotiate a divorce were unsuccessful. The woman then sought out Lawyer Tang, and after Lawyer Tang and his team accepted the entrustment, they established "promoting mediation through litigation" as the core strategy, relying on evidence such as chat records, and successfully promoted the mediation and conclusion of the case. The successful resolution of this case not only reflects the "professional, efficient, and empathetic" service level of Lawyer Tang's team but also proves the advantages of the "promoting mediation through litigation" strategy in divorce disputes — it can both rely on legal provisions to protect the legitimate rights and interests of the parties and reduce confrontation through mediation, thereby minimizing the harm caused by the disputes to individuals and families.

Keywords:Shenzhen Marriage Mediation, Divorce Property Division, Litigation to Promote Mediation, Divorce Lawyer Tang Yunhong (Guangdong Daohua Law Firm)

One, Case Review

Madam Tan and Mr. Zhang met through a blind date and registered their marriage in Shenzhen in 2023. Not long after, they had a son. Due to a lack of understanding of Mr. Zhang before marriage, the emotional foundation was weak, and the differences in personality and life views between the two gradually became apparent. Moreover, Madam Tan lived with her in-laws during her pregnancy, believing that the husband had not fulfilled his responsibilities as a husband, and the contradictions between the two deepened, eventually leading to the breakdown of their marital feelings. They have repeatedly negotiated a divorce, but all ended in arguments, and they have never been able to reach an agreement on the division of property and the recognition of joint debts.

Madam Tan, exhausted both physically and mentally, entrusted the Tang Yunhong legal team at the Guangdong Daohua Law Firm to utilize professional legal power to properly resolve the dispute, preserve her own property, and escape the quagmire of marriage. (All names, locations, and other information in this article are pseudonyms)

Two, focal points of the dispute

1. Integrated handling of property and debts

The marriage relationship between the parties in this case lasted for a short period of less than two years, and the property is relatively independent. The core of the dispute lies in: how to ensure that the property (real estate, savings, investment, housing fund, etc.) in their own names is not recognized as joint marital property, while preventing the risk of the male party packaging personal debt as joint debt. The agency strategy takes "property in their own names belongs to them, and debt in their own names is borne by them" as the bottom line goal, and aims to resolve the property and debt issues through mediation in one go, avoiding the confusion of property or the involvement of debt due to difficulties in evidence presentation during litigation.

2. Rational determination of child support standards

According to Article 1085 of the Civil Code of the People's Republic of China, if the legitimate child is under the custody of the father, the mother shall pay child support. In practice, the amount of child support is generally determined based on the actual needs of the child, the financial burden of both parents, and the local living standards. One of the controversial points in this case is the determination of the amount of child support, which should be based on the actual income level of the mother and the father's ability to provide care, through evidence of the mother's income situation and the fact that the father is capable of providing care, to strive for a lower standard of child support, to avoid excessive child support from causing a long-term burden on the mother's future life, while maintaining the flexibility of visitation rights.

3. Promoting Mediation Willingness and Game Theory

According to Article 9 of the Civil Procedure Law, people's courts shall mediate civil cases on the principles of voluntariness and legality. In this case, the parties have repeatedly negotiated, but all ended in disputes, with obvious opposing sentiments, and the focal point of the dispute lies in how to break the deadlock and promote mediation. The agency strategy adopts the "litigation to promote mediation" approach, through filing a lawsuit to set higher claims to gain negotiation space, and then actively withdrawing insufficient evidence claims in the lawsuit, making compromises on custody, accepting direct custody by the male party, and in return, obtaining the male party's full cooperation in property division and divorce issues. Ultimately, both parties voluntarily reached a mediation agreement, achieving the core goals of a quick resolution and property preservation.

Chapter 3: The Investigation Process

Fully understand the parties' claims and formulate personalized case handling plans.

The Tang Yunhong legal team, upon accepting Ms. Tan's entrustment, communicated deeply with the parties to understand their marital status, the root causes of the conflict, the specific circumstances of the property, and the core demands of the parties. Considering that the litigation process is time-consuming and tends to exacerbate the conflict between the parties, which is not conducive to the children's growth, the Tang Yunhong legal team first attempted to resolve the dispute through mediation:

1. Based on the previous communication and negotiation between Ms. Tan and Mr. Zhang, a comprehensive analysis of the key points where the two parties failed to reach an agreement is conducted. In combination with Mr. Zhang's personality characteristics, professional verbal guidance and communication strategies are provided to Ms. Tan.

2. Many couples often communicate the terms of divorce through face-to-face meetings or phone calls, and are often driven by emotions, leading to the inability to actually implement the content of the terms, thereby wasting time on communication and negotiation. Therefore, the Tang Yunhong Law Firm drafts a written divorce agreement in accordance with Ms. Tan's demands at the beginning of the mediation process, facilitating the confirmation of negotiation content during the negotiation process.

(2) Thoroughly review the evidence, and immediately initiate litigation after the agreement fails.

However, in the preliminary negotiations, Mr. Zhang's attitude was inconsistent, and the mediation between the two parties hit a deadlock. Ms. Tan provided the chat records between the two parties to the Tang Yunhong legal team, which clearly recorded the continuous contradictions between the two parties due to issues such as economy, family relationships, and communication methods. The male party repeatedly brought up old issues and continued communication until late at night during the female party's pregnancy and postpartum period, which exacerbated the contradictions between the two parties. After analysis, the Tang Yunhong legal team believed that mere negotiation was difficult to break through and suggested that Ms. Tan file a lawsuit in accordance with the law to promote the resolution of the dispute through the judicial process. To gain the initiative in the lawsuit, Lawyer Tang formulated the strategy of "prioritizing core claims and supplementing hidden claims later," claiming divorce, custody of the son, and the standard of alimony in the lawsuit, while also applying to the court to investigate the property status of both parties. The Tang Yunhong legal team emphasized that all the property under the female party's name is personal property, with no joint property between the couple, and requested that the court clearly state in the mediation document "each party's property belongs to each party," in order to avoid the potential property division risks of the male party.

(Focus on the core demands and facilitate an efficient resolution through mediation.)

After the case entered the litigation process, the Tang Yunhong legal team simultaneously improved the evidence chain, systematically organized the chat records of both parties, and submitted them to the court. On the day of the trial, before the judge presided over the pre-trial mediation, the Tang Yunhong legal team made two key points to the court: First, due to issues such as economic, family relationships, and communication methods, the contradictions between the two parties have continued to deepen. The relevant evidence shows that the male party repeatedly brought up old issues and had disputes at night during the female party's pregnancy and postpartum period, which has led to the breakdown of the couple's feelings and no possibility of reconciliation; second, the properties under both parties are individual properties, there is no joint property of the couple, and there are no joint debts and liabilities.

During the mediation process, the Tang Yunhong legal team focused closely on Ms. Tan's core demands, while also taking into account Mr. Zhang's reasonable interests. They explained to Mr. Zhang that the long litigation cycle and high costs, and that reaching a mediation settlement would be more beneficial for both parties and the child. Regarding the child support issue, the Tang Yunhong legal team proposed a reasonable plan of 400 yuan per month, which not only guarantees the basic living expenses of the legitimate child but also fully considers Ms. Tan's actual payment ability.

Ultimately, under the guidance of the judge and the communication of the Tang Yunhong legal team, both parties reached a consensus on all the focal points of dispute. On the day of the mediation success, both parties signed the mediation agreement, the court issued a civil mediation document, all the properties under Ms. Tan's name were preserved, and it was explicitly stated that there were no joint debts, successfully achieving an efficient exit.

Four, Case Result

Under the guidance of the court, both parties reached a mediation agreement, and the court issued a civil mediation document.The mediation result fully met Ms. Tan's core demands: successfully dissolved the marriage relationship, preserved her property, no joint debt burden, and only bear a low amount of child support. The peaceful separation was achieved through mediation, avoiding further escalation of the conflict between the two parties.

Five, Experience in Handling Cases

In the practice of marriage and family law, each divorce case is not just a cold collection of legal provisions, but carries the urgent expectations of the parties to get out of trouble and protect their loved ones, and is also a difficult restart of their future life. Looking back at the process of handling Ms. Tan's case, it is not only a practice of legal practice, but also a profound understanding of human nature and emotions. From being at a standstill to a complete resolution, every step is filled with professionalism and warmth, and also crystallizes the wisdom of handling cases worth sharing:

1. Evidence is confidence; prepare early and take the initiative early.In divorce disputes, the resolution of disputes over property, debts, and emotional breakdowns cannot be separated from evidence support. Therefore, it is a crucial step to guide the parties to sort out key evidence such as marital relationships, property, and communication records as early as possible, to ensure the integrity of the evidence chain, which lays a solid foundation for subsequent rights protection.

2. The strategy should be flexible, using litigation to promote mediation and break the deadlock.According to the dynamic progress of the case, the lawyer did not stick to mediation as the only method, but resolutely initiated the litigation process, seized the initiative, such as through the strategy of "litigation promoting mediation," using litigation pressure to break the deadlock and create favorable conditions for mediation.

3. Mediation with warmth, empathy resolving contradictions:The emotional intensity in divorce cases is strong, and during mediation, it is necessary to adhere to the legal bottom line while also considering the other party's perspective. By using empathetic communication to resolve opposing emotions, and combining the core needs of both parties, a mediation plan can often achieve a "win-win" situation.

The end of a marriage may be tinged with regret, but the mission of the law is to ensure that every party can turn around with dignity and regain hope after the end. As a lawyer, not only should one uphold the legitimate rights and interests of the parties professionally, but also use warmth and responsibility to help them move past the gloom and embrace a new life of their own. This unwavering commitment that combines professionalism and warmth is the unchangingoriginal aspiration of a legal person.

Six, Legal Index

Article 1079 of the Civil Code: If one party of a marriage requests a divorce, mediation can be conducted by relevant organizations or a divorce lawsuit can be directly filed with the People's Court.

The People's Court shall mediate in divorce cases; if the marriage has indeed broken down and mediation is ineffective, the divorce shall be granted. If any of the following circumstances exist, and mediation is ineffective, the divorce shall 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.

(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 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 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 1085 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. The amount of the support and the duration shall be agreed upon by both parties; if they cannot reach an agreement, the People's Court shall decide. The agreement or judgment specified in the preceding paragraph shall not prevent the child from making a reasonable request for an amount exceeding the original agreed or judged amount when necessary.

Article 1087 of the Civil Code: During a divorce, the joint property of the couple shall be handled by mutual agreement; if the agreement fails, the People's Court shall make a judgment 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.

Daohua Family Law Firm (Guangdong Daohua Law Firm), with ten years of focus on major property marriage and family legal services, divorce inheritance family disputes (mediation/trial) practical experts, one of the influential brands of professional legal services in the Guangdong-Hong Kong-Macau Greater Bay Area [Shenzhen local], and even a benchmark lawyer team for mediation and trial in the well-known cross-border divorce inheritance field.

The Tang Yunhong Law Firm has handled over 1000 cases related to marriage and inheritance, involving tens of billions of yuan in amounts. The firm has extensive successful litigation experience in the fields of dispute resolution for the division of large properties such as listed company equity, Shenzhen small property rights houses, land, and factories, as well as inheritance disputes, will drafting, and family property inheritance. It is particularly skilled in dealing with complex and difficult cases in the industry, such as cross-border property divorce litigation and inheritance lawsuits, and has won high praise and industry reputation for its localized legal wisdom in overcoming various complex domestic property disputes.

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 and taxation. With rich experience in civil and commercial litigation and arbitration, as well as civil and criminal crossover and tax planning, 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. This aims to achieve the beautiful vision of risk prevention and control, debt isolation, and family wealth inheritance.

Asset types cover: real estate (residential properties, small property rights houses, land, factories, etc.), movable property (vehicles, antiques, paintings, gold jewelry, etc.), various property rights (cash deposits, equity, debts, relocation compensation, fund investments, virtual property, intellectual property rights, etc.). The team systematically compiles professional achievements such as "Compilation of Successful Cases of Dao Hua Marriage and Inheritance" and "Legal Practice of Family Wealth Transmission", to meticulously protect clients' property rights and interests, and to safeguard the inheritance of family wealth with meticulous service!

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