[Case Summary]This case involves a divorce dispute. Ms. Li and Mr. Wang's relationship broke down due to domestic violence and emotional neglect, and they filed for divorce twice. They entrusted Beijing Henglu Law Firm to handle the case for them.Li YonghuiThe main demands of the rights protection are divorce, obtaining custody of the daughter and alimony, and the legal division of property. The core disputes are the ownership of custody rights, the scope of marital joint property, and its division. In the end, the court ruled in favor of the divorce, with the daughter being raised by Ms. Li, who received her share of the property worth over 2.3 million yuan. The applicable legal provisions are the relevant provisions of the Civil Code on divorce, custody, and property division.

I. Review of the case

"Can the child custody be awarded to the woman if the man commits domestic violence against the child?" and "Will the divorce be granted if the woman sues for divorce twice?" are the most frequently searched questions in domestic violence divorce cases. Ms. Li and Mr. Wang met and fell in love in 2011, and their daughter, Xiao Chen, was born in 2012, who now lives with Ms. Li. They registered their marriage in March 2015, but Mr. Wang went to Japan to work in May 2015 and returned to China in November 2021. During this period, Ms. Li also went to Japan to work in 2017 and returned to China in 2018. In recent years, the couple often had conflicts, and Mr. Wang committed domestic violence and emotional neglect against Ms. Li, which led to the breakdown of their relationship. In November 2022, Ms. Li filed for divorce with the court, but the divorce was denied. However, after more than half a year without reconciliation, Ms. Li filed for divorce again to dissolve the marriage. After receiving the case, Hengluo Law Firm conducted in-depth investigations into Ms. Li's situation and demands: first, divorce; second, obtaining child custody and alimony; and third, legally dividing property. Ms. Li submitted evidence claiming that the bank deposits should be determined based on the balance retrieved by the court from China Construction Bank, which showed that Mr. Wang had 802,000 yuan in Japanese yen in Bank of China; Mr. Wang purchased insurance worth 1 million yuan; and Mr. Wang purchased a house and two underground garages in Guocheng County (in 2011 and 2012), for which he paid a total of 1,141,000 yuan.

II. The focus of the case

  • Focus 1: Whether the marital relationship between the couple has indeed broken down and whether the divorce should be granted.Ms. Li sued twice, and the defendant also agreed to the divorce. It was determined that their relationship had broken down.
  • Focus II: Custody of daughter Xiao Chen and alimony payments.The child has reached the age of eight and wishes to live with his mother, and the custody rights belong to her.
  • Focus Three: The scope and division of marital joint property.The determination and share of deposits, insurance, and real estate garages.

III. The professional intervention of Hengluo Law Firm

The party concerned (the plaintiff, Ms. Li) alleges that:The defendant committed domestic violence and emotional abuse, which led to the breakdown of the relationship. He/she insists on divorce. The daughter, who has reached the age of eight, wishes to live with her mother and should be raised by the mother. The couple's jointly owned assets, including savings, insurance, real estate, and garages, should be divided in accordance with the law.

The defendant's (Wang *'s) opinion:The defendant agreed to dissolve the marriage, indicating that the relationship between the two parties has indeed broken down and there is no possibility of living together anymore.

Legal Opinion of Hengluo Law Firm:Li YonghuiThe lawyer argued that Ms. Li's successive filing of divorce lawsuits demonstrated her firm resolve to divorce and her complete loss of confidence in the marriage relationship. Moreover, the defendant, Mr. Wang, expressed his consent to the divorce, which also indicated that the parties' feelings had indeed broken down and there was no possibility of living together. Therefore, the divorce request should be supported. Regarding the custody of their daughter, Xiao Chen, from the perspective of promoting the child's physical and mental health and protecting her legitimate rights and interests, the child, who has reached the age of eight and has certain cognitive judgment abilities, has clearly expressed her wish to live with her mother, Ms. Li. Mr. Wang also respects the child's wishes and believes that it is more appropriate for the mother to raise the child. Regarding the division of joint property, the lawyer submitted relevant evidence materials and argued that the marital assets such as bank deposits, insurance, real estate, and garages should be divided according to law.

IV. Outcome of the case

After the trial, the court supported the plaintiff's claims: it ruled that Ms. Li and Mr. Wang should be divorced; their daughter, Xiao Chen, would be raised by Ms. Li, and Mr. Wang would bear the corresponding alimony; the couple's marital assets would be divided according to law, with Ms. Li receiving a total of over 2.3 million yuan in her share of the assets (including deposits, insurance, real estate, and garage rights, etc.). With the help of lawyers, this lengthy divorce dispute was finally resolved fairly, and Ms. Li gained custody of the child and her rightful share of the assets.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Li YonghuiAgent. In case of domestic violence or emotional neglect, victims should promptly report to the police and preserve evidence. If the first divorce judgment is not granted after the separation for more than half a year and the lawsuit is filed again, the court usually concludes that the marriage has broken down and grants the divorce. The custody of children should follow the principle of maximizing the interests of minors, and the true wishes of children aged over eight should be respected. Savings, insurance, real estate, etc. acquired during the marriage generally belong to joint property and should be divided according to law upon divorce.

VI. Common Questions About Divorce and Child Custody Cases (FAQ)

  1. Q: If the man commits domestic violence against the child, can the custody of the child be awarded to the woman?
    A:Yes. Domestic violence is detrimental to the physical and mental health of children. In accordance with the principle that is most beneficial to minors and the wishes of children over the age of eight, custody rights are often awarded to the non-at-fault party.
  2. Q: If a person files for divorce twice, will the court grant the divorce in the second attempt?
    A:After the first divorce judgment, if the two parties do not reconcile and continue to live apart for a certain period of time, the second lawsuit will generally result in a divorce judgment based on the breakdown of the marriage relationship.
  3. Q: Is the insurance purchased during the marriage subject to division in a divorce?
    A:Insurance paid with the couple's joint property is generally divided or compensated as joint property during a divorce.
  4. Q: Can the other party divorce while working in Japan and still be in China?
    A:A divorce can be sued in a court with jurisdiction in China. Whether the defendant returns to China or the jurisdiction is determined according to his/her residence, it does not affect the filing and trial of the case.
  5. Q: Is emotional coldness a reason for a breakup in a relationship?
    A:If the long-term cold violence has caused the breakdown of the couple's relationship and mediation is ineffective, the court may grant a divorce.