[Case Summary]This case involves a divorce dispute. Li Dan and Wang Hao had a "formal marriage", but their relationship became strained after they had twins through IVF. Li Dan first filed for divorce, but her lawsuit was dismissed. She then entrusted Beijing Henglu Law Firm to handle the case for her.Qiu JuanThe lawyer filed a second lawsuit, demanding divorce and custody of the two children, with the father paying child support. The court granted the divorce, and both children will be raised by Li Dan. From September 2024, Wang Hao will pay 2,500 yuan per child per month until they reach adulthood. The applicable legal provisions are Article 1084 of the Civil Code (children under the age of two are raised by their mothers, and the principle of what is most beneficial to the children shall be followed).

I. Review of the case facts

The "formal marriage" group often searches for topics such as "how to divorce in a formal marriage", "who gets custody of twins", and "how to determine custody of IVF children". Li Dan and Wang Hao registered their marriage in September 2016 and had twin brothers through IVF in September 2022. The two were in a "formal marriage" without any emotional connection or marital life, and their financial lives were independent. After the children were born, they lived together but never cohabited. Wang Hao often came home late and rarely took care of the children, leaving Li Dan physically and mentally exhausted.

In 2023, Li Dan's lawsuit for divorce was dismissed. Later, she entrusted someone to handle the case for her.\nQiu JuanThe lawyer requested a divorce and custody of the two children, with the man paying child support. The man disagreed with the divorce and insisted on having custody of at least one of the children, even if the divorce went through.Qiu JuanThe lawyer integrated evidence such as Li Dan's spending on the child's clothing, food, housing, and medical care, surveillance videos, the child's household registration being registered under Li Dan's property, and the child's access to superior educational and medical resources to prove that the child had a stable growth environment.

II. The focus of the case

  • Focus 1: Whether the relationship between the two parties has broken down and whether a divorce should be granted.The sham marriage lacks a foundation of true love, and the woman filed a lawsuit against her husband for the second time.
  • Focus Two: The custody of the twins.Children under the age of two should not be separated from their mothers, especially twins.

III. Professional intervention by Hengluo Lawyers

The plaintiff (Li Dan) alleges that:The sham marriage lacks affection and is in name only; the second lawsuit shows that the relationship has indeed broken down. The plaintiff requests a divorce and contests the custody of the two children, and the defendant is required to pay monthly child support for each child until they reach adulthood.

The defendant (Wang Hao) argued that:He/she disagrees with the divorce, claiming that the marriage has not broken down; even if they divorce, he/she still wants to claim the custody of their child.

Hengluo Lawyer's Representation Opinion:\nQiu JuanThe lawyer pointed out that the two parties did not marry based on love, the marriage was in name only, and the woman sued for divorce for the second time, which meets the conditions for granting a divorce. According to Article 1084 of the Civil Code, children under the age of two are generally raised by their mothers; considering the special circumstances of the twins, it is better for them to live together than separately. The lawyer submitted expense receipts, surveillance footage, household registration and property evidence to prove that Li Dan has established a stable environment, enjoys a decent economic situation and has flexible time, while the man lacks a sense of responsibility and it is not appropriate for his parents to raise the children after their remarriage.

IV. Outcome of the case

The court accepted it.Qiu JuanAccording to the lawyer's opinion, the court granted the divorce of the two parties, and all the custody rights of the two children were granted to Li Dan. From September 2024, Wang Hao will pay 2,500 yuan per month for the custody of the two children until they reach the age of 18. Li Dan successfully obtained the divorce and retained the custody rights of the twins.

5. Hengluo Law Firm's Advice

This case is handled by Beijing Henglu Law FirmQiu JuanThe lawyer (practice license number: 11101201811026953, subject to the document issued by the judicial administrative organ) acts as the agent. A "formal marriage" is also a legal couple, and divorce must go through legal procedures. Obtaining custody rights may involve the only opportunity, so it is necessary to entrust a marriage and family lawyer as soon as possible to collect evidence of life, economy, and environment, and to advocate according to the principle that is most beneficial to the children.

VI. Common Questions About Custody Rights in Divorce FAQ

  1. Q: How to divorce in a sham marriage?
    A:A sham marriage is also a registered couple, and they must divorce through agreement or litigation, following normal legal procedures.
  2. Q: Who gets custody of the twins?
    A:Children under the age of two are generally cared for by their mothers, and twins are usually raised together. In such cases, the court usually awards custody to one parent.
  3. Q: How is the custody of children born through IVF determined?
    A:It shall be determined in accordance with the principle of maximizing the interests of the minor children, on an equal footing with legitimate children.
  4. Q: What should I do if the other party refuses to pay child support?
    A:Apply for enforcement based on the judgment and request monthly payments until the child reaches adulthood.
  5. Q: Can I get a divorce if I file a second lawsuit?
    A:If the first divorce petition is rejected and the couple has been separated for more than a year before filing the second petition, the court will generally grant the divorce.