[Case Summary]This case involves a divorce dispute. In 2018, Li Gang and Xiao Nan met while studying abroad, got married three years later, and had a child. However, due to personality conflicts and frequent arguments, they separated in April 2022. Li Gang filed for divorce and requested to raise the child on his own. Xiao Nan hired Beijing Henglu Law Firm to represent her in the case.Yè QīngyǔThe lawyer argued in court, providing evidence of the man's marital infidelity and domestic violence. The court ultimately granted the divorce, awarding custody of the child to Xiao Nan, ordering Li Gang to pay monthly child support of 3,600 yuan until the child reaches the age of 18, and requiring Li Gang to pay Xiao Nan 5,000 yuan in compensation for mental distress within seven days. The core disputes involved the custody of the child and compensation for fault in the divorce. The applicable legal provisions were Article 1084 (Custody) and Article 1091 (Compensation for Fault) of the Civil Code.

I. Review of the Case

The man sues for divorce to take custody of the child, but finds out that the other party has been cheating and subjecting him to domestic violence. How can he protect his rights in such cases? This is a common pain point in divorce cases. In 2018, Li Gang and Xiao Nan met while studying abroad, and got married three years later. They had a son, Xiao Xiao Li, after marriage. However, due to personality clashes and constant arguments over trivial matters, their relationship completely broke down. The couple has been living apart since April 2022 and there is no possibility of reconciliation. They have no disputes over their property, but the focus of the dispute is the custody of their child. Li Gang filed a divorce lawsuit with the court, requesting permission to divorce and custody of their son. To fight for custody and protect her rights, Xiao Nan hired Henglue Law Firm to represent her in the case.Yè QingyǔThe lawyer appeared in court to defend the case. The child is over two years old and has been living with the mother since birth.

II. The focus of the case

  • Focus 1: The custody of children born in wedlock.Both parties are vying for custody of the child, who is over two years old and has been living with her mother for a long time. How should the court determine custody in accordance with the principle of acting in the best interests of the child?
  • Focus II: Whether the man committed any faults during the divorce process.The man had a long-term improper relationship with others during the marriage, and he insulted and beat the woman and her relatives. Does this constitute a fault and should he pay compensation for mental damage?
  • Focus 3: Alimony and Visitation Rights.How are the amount of child support and the visitation arrangements determined?

III. The professional intervention of Hengluo Law Firm

The plaintiff (the man) alleges that:Li Gang requested a court order allowing him to divorce, and the couple's child, Xiao Xiao Li, would be raised by him alone.

The defendant's (the woman's) position:Xiaonan agreed to the divorce, but insisted that the child must be raised by her, and claimed that the man's extramarital affairs and domestic violence during the marriage were acts of fault, so he should pay compensation for mental damage. The child has been living with her for more than two years, and it is more beneficial to her growth to be raised by her. Moreover, she is willing to cooperate with the man in visiting the child.

Hengluo Lawyer's Agency Opinion:After communication, the lawyer learned that the man had maintained improper relationships with other women during their marriage, verbally and physically abused the woman and her relatives, and caused great psychological harm to the woman. The lawyer collected evidence such as the man's adulterous WeChat records, photos, audio recordings, and medical bills for the woman's injuries, proving that the man violated his marital duty of fidelity and was at fault for the divorce, so he should pay compensation for mental distress. Regarding child custody, based on the fact that the child has been living with Xiao Nan and being raised and cared for by her since birth, the lawyer argued that having Xiao Nan raise the child would better maintain a stable living environment and be conducive to the child's growth.

  • Submit WeChat records, photos, and audio recordings to prove that the man cheated on his wife
  • Submit the medical bills to prove that the woman was beaten, and provide evidence to support the fact of domestic violence
  • Provide evidence that the child has been living with his mother for a long time, and argue that Xiao Nan should raise the child and be ordered to pay compensation for mental damage

IV. Outcome of the case

The court fully adopted the opinions of Hengluo Lawyers and finally ruled: to grant the divorce between Li Gang and Xiao Nan; the child Xiao Li, born in the marriage, shall be raised by Xiao Nan, and Li Gang shall pay alimony of 3,600 yuan per month until the child reaches the age of 18; Li Gang has the right to visit Xiao Li; Li Gang shall pay Xiao Nan 5,000 yuan in compensation for mental distress within seven days. Xiao Nan successfully secured custody of her son and obtained the compensation for mental distress she deserved, completely freeing herself from the marital troubles. The court determined that the man's infidelity and domestic violence constituted faulty behaviors that led to the divorce.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Yè QingyǔAttorney (Practice Certificate No.: 11101201910076968, subject to the certificate issued by the judicial administrative organ): Agent. Attorney's Reminder: If one party commits major faults such as bigamy, cohabitation with others, domestic violence, or abuse and abandonment of family members during the divorce, the innocent party has the right to request damages; the custody right shall be determined based on the best interests of the minor children, and whether the children have lived with one party for a long time is an important consideration. In the event of infidelity or domestic violence, it is necessary to promptly preserve evidence such as chat records, audio recordings, and medical bills, and to entrust a professional lawyer to jointly claim custody rights and damages in the litigation.

VI. Common Questions About Divorce Litigation Cases FAQ

  1. Q: If the other party cheated on me and committed domestic violence, can I demand compensation in a divorce?
    A:Yes. If the divorce is caused by major faults such as bigamy, cohabitation, domestic violence, or abandonment, the innocent party may request compensation for mental damage. In this case, the court awarded 5,000 yuan in compensation.
  2. Q: If the man sues for divorce and tries to take away the child, how can the woman fight against this?
    A:Provide evidence that the children have been living with you for a long time, that your parenting conditions are better, and organize your arguments around the principle of what's best for the children. Generally, if a child is over two years old and living with the mother, custody will be granted to the mother.
  3. Q: How much is the alimony usually awarded?
    A:Based on the needs of the children, the parents' ability to afford it, and local standards, in this case, the alimony will be paid at the rate of 3,600 yuan per month until the children reach the age of 18.
  4. Q: How can I collect evidence of domestic violence?
    A:Keep the police report, medical diagnosis, photos of the injuries, chat recordings, witness statements, etc., to form a complete chain of evidence.
  5. Q: Can the party at fault in a divorce still fight for custody rights?
    A:It can be tried, but the court will make a judgment based on the principle of what is best for the children. Domestic violence and other faults will affect the assessment of the child-rearing ability and conditions.