[Case Summary]This case involves a divorce dispute. The parties, Xiao Nan and Xiao Tian, registered their marriage in 2015 and had a son named Duoduo in 2017. After marriage, Xiao Nan solely supported the family financially, while Xiao Tian failed to provide economic support and repeatedly committed domestic violence. In February 2024, Xiao Tian cheated on her and the couple's relationship broke down. In January 2025, Xiao Tian confiscated Xiao Nan's phone and threatened her. Xiao Nan called the police, moved out, and separated from Xiao Tian. Subsequently, Xiao Tian harassed and kicked down the door multiple times. Xiao Nan entrusted Beijing Henglu Law Firm to handle the case.Tian JiayanThe lawyer filed a divorce lawsuit, with the core demands being to dissolve the marriage and secure visitation rights for the children. The applicable legal provisions include Article 1079 of the Civil Code of the People's Republic of China, etc. After mediation by the court, the parties dissolved their marriage, and the child was entrusted to the father for custody. Xiao Nan could pick up the child for nine hours every Saturday, and the father was obligated to cooperate with her in this regard.

I. Review of the case

Women often search for terms like "How to divorce after experiencing domestic violence", "Can you get custody rights if you divorce due to cheating", and "How to stipulate visitation rights after divorce". Xiao Nan and Xiao Tian met and fell in love in 2012, got married in 2015, and had a son named Duoduo in 2017. After marriage, Xiao Nan solely supported the family financially, while Xiao Tian failed to provide financial support and repeatedly committed domestic violence. In February 2024, Xiao Nan discovered that Xiao Tian was having an affair with a third party, and their relationship completely broke down.

In January 2025, Xiao Tian quarreled with Xiao Nan over trivial matters, forcibly seized her phone and threatened her personal safety. Xiao Nan was forced to call the police and move out of the residence to begin a separation; after that, Xiao Tian repeatedly harassed and kicked the door of the rented residence, even threatening to "never divorce". Exhausted both physically and mentally, Xiao Nan decided to end the marriage through legal means and entrusted Beijing Henglu Law Firm to handle the case for her.Tian JiayanThe lawyer filed a divorce lawsuit, with the core demands including dissolving the marriage and securing visitation rights for the children.

II. The focus of the case

  • Focus 1: Whether the marital relationship between the couple has truly broken down.The defendant denied domestic violence and infidelity, and it is necessary to form an evidence chain with police reports, diagnosis certificates, communication tracks, and separation certificates.
  • Focus II: Balancing child custody and visitation rights.The child has been taken care of by the man's parents for a long time, and the man owns a house. The woman insists that the man should raise the child, but she also demands that the man guarantee visitation rights for the child.
  • Focus Three: Strategies for dividing jointly owned property.The two parties have no joint deposits. Their focus is on quickly dissolving the marriage, putting aside property disputes for the time being, and reserving the right to seek compensation.

III. The professional intervention of Hengluo Law Firm

The party concerned (Xiao Nan) claimed that:Xiaonan claimed that the relationship between them had indeed broken down, and requested to dissolve the marriage. She asked that the child be raised by the father, but that his weekly visitation rights be guaranteed, and that she retain the right to recover her property in the future.

The defendant's (Xiaotian) position:He denied the domestic violence and infidelity and threatened, "I will never divorce."

Legal Opinion by Hengluo Law Firm:Tian JiayanThe lawyer began by proving the breakdown of the marriage: organizing the police reports, hospital diagnosis certificates, and neighbor's testimonies to demonstrate multiple instances of domestic violence; retrieving the defendant's communication records and travel trajectories with third parties to form an indirect evidence chain of infidelity; providing rental contracts and community certificates to confirm the separation since January 2025. Regarding the children, proceeding from the "best interests of the children," the lawyer argued that the father had stable financial conditions and was better equipped to raise them, and detailed the visitation provisions (fixed pick-up on Saturdays) to require the court to clarify the father's assistance obligations. On the property front, aiming to quickly dissolve the marriage, the parties temporarily suspended disputes and reserved the right to seek compensation. After multiple rounds of communication, the parties reached a mediation agreement under the court's supervision.

IV. Outcome of the case

Under the court's mediation, the two parties reached a mediation agreement: the divorce took effect, and the marriage relationship between the two parties was dissolved; the custody rights belonged to the man, and Dodo would be raised by Xiao Tian; the visitation rights were clearly defined, and Xiao Nan could pick up the child for 9 hours every Saturday, and Xiao Tian needed to actively cooperate. This case applies Article 1079 of the Civil Code of the People's Republic of China (domestic violence, extramarital affairs, and marital breakdown resulting in separation for more than a year can be ruled as divorce), the principle of "the best interests of the child", the protection of statutory visitation rights, and the relevant provisions of personal protection orders. Attorney Tian helped Xiao Nan escape from a violent marriage and secure reasonable visitation rights.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Tian Jia YanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent. Beijing Henglu Law Firm specializes in representing clients in various civil, commercial, administrative, and criminal cases, and has a team of experienced professional lawyers. If you need legal assistance, you can contact the firm to obtain targeted protection solutions.

VI. Common Questions About Divorce Disputes FAQ

  1. Q: How to collect evidence for divorce when facing domestic violence?
    A:1. Report the case to the police in time to leave a record, seek medical treatment and obtain a diagnosis certificate, save the chat records and photos, and seek witnesses from neighbors. After establishing a complete chain of evidence, file for divorce litigation in accordance with Article 1079 of the Civil Code.
  2. Q: If the other party cheated on you but wasn't caught in bed, can the divorce be granted?
    A:It is possible to retrieve communication records, travel trajectories, consumption records, etc. to form an indirect chain of evidence. Combined with the fact of separation, it can be used to prove the breakdown of the relationship. The court can then grant a divorce based on this evidence.
  3. Q: How should the divorce visitation rights be written to ensure legal protection?
    A:The visiting time, method, pick-up and drop-off locations, and the other party's obligation to assist should be clearly defined. If necessary, an agreement on the handling of breaches of contract should be reached, and the court's mediation document should establish the enforceability of the agreement.
  4. Q: Do we still need to divide the property even if we don't have joint savings?
    A:If there are no joint deposits, the divorce can be postponed to speed up the process, but the right to seek compensation should be reserved to avoid getting involved in lengthy litigation.
  5. Q: Can I apply for a personal protection order if I'm a victim of domestic violence?
    A:Yes. When suffering from domestic violence or threats, you can apply to the court for a protection order, which prohibits the perpetrator from contacting or harassing the victim and ensures personal safety.