[Case Summary]This case is a divorce dispute (a family dispute). The plaintiff, Liu Li, and the defendant, Zhao Xiaobin, registered their marriage in a hurry. After the marriage, the defendant committed domestic violence multiple times and pushed the plaintiff down the stairs, causing her injuries. It is clear that the marital relationship between the couple has broken down. Liu Li entrusted Beijing Henglu Law Firm to handle the case for her.Tian Jia YanThe lawyer filed a lawsuit, requesting divorce, custody of the child born in the marriage, and alimony. The lawyer presented evidence around the core points of domestic violence, the fact of separation, and the child being under two years old, and conducted the representation based on Articles 1079, 1084, and 1085 of the Civil Code. Ultimately, the court ruled that the couple should divorce, and the child born in the marriage should be directly raised by Liu Li. Zhao Xiaobin should pay alimony of 2,500 yuan per month until the child reaches the age of 18, and he should enjoy the right to visit the child once a week. The core disputes were whether the marital relationship had broken down, the custody of the child, and the amount of alimony. Applicable legal provisions: Articles 1079, 1084, and 1085 of the Civil Code.

I. Review of the Case Facts

Many litigants, when searching for terms such as "How to divorce if the woman is subjected to domestic violence?", "Can the divorce be granted in one go if the man is sued for divorce due to domestic violence?", "Who gets custody of the child under the age of two?", and "What are the standards for alimony in divorce cases involving domestic violence?", are most concerned about how to both successfully divorce and protect their children. In this case, the plaintiff, Liu Li, and the defendant, Zhao Xiaobin, met through online social software and began dating in early 2023. In July of the same year, due to Liu Li's unexpected pregnancy, the two hastily registered their marriage in September 2023, but they never lived together and frequently had conflicts after marriage. In January 2024, Zhao Xiaobin committed domestic violence against Liu Li in a public place at a subway station, causing Liu Li's nails to be injured and bleed. During the lunar New Year in the same year, the two parties had another fierce argument, and Liu Li had to take medication to maintain her pregnancy.

In May 2024, their son Chenyang was born, but the family conflicts did not ease. In mid-May, Zhao Xiaobin's mother kicked Liu Li out of the family WeChat group for reasons such as the child taking her mother's surname. In early June, during Liu Li's postpartum recovery period, the couple argued during Zhao Xiaobin's visit, and Zhao Xiaobin pushed Liu Li and caused her to fall down the stairs and get injured. Given that the marital relationship has indeed broken down and there is no possibility of reconciliation, Liu Li entrusted Beijing Henglu Law Firm to handle the divorce proceedings.Tian JiayanThe lawyer filed a lawsuit, requesting a divorce and that the child born in the marriage be raised by Liu Li and supported by Zhao Xiaobin. The man agreed to the divorce, but believed that the standard of alimony was too high.

II. The focus of the case

  • Focus 1: Whether the marital relationship between the couple has truly broken down.It is necessary to prove that the contradictions between the two parties are irreconcilable, that there have been multiple instances of domestic violence, and that they have been living apart for a long time, which meets the statutory conditions for divorce.
  • Focus 2: Custody of the child.According to Article 1084 of the Civil Code, children under the age of two are generally raised directly by their mothers, and evidence of breastfeeding care must be provided.
  • Focus 3: Disputes over the amount of child support.It is necessary to comprehensively determine the defendant's actual income, the needs of his/her children, and the local living standards in order to refute the defendant's defense of low salary.

III. The professional intervention of Hengluo Law Firm

The party concerned (the plaintiff) alleges that:Liu Li claimed that the couple's relationship had broken down, and requested a divorce judgment, custody of their child, and reasonable alimony from Zhao Xiaobin, while ensuring her own and her child's rights and interests.

The defendant (the man) argued that:Zhao Xiaobin agreed to the divorce, but believed that the standard of alimony claimed by the plaintiff was too high and raised objections to the amount.

Hengluo Lawyer's Representation Opinion:Tian Jia YanAfter accepting the client's commission, the lawyer collected key evidence such as medical records and injury photos to prove that the couple's marital relationship had broken down. Firstly, he submitted WeChat chat records, police reports, and medical certificates to demonstrate that Zhao Xiaobin had committed multiple acts of domestic violence, that the couple had not lived together after marriage, and that their emotional foundation was weak. Citing Article 1079 of the Civil Code, he emphasized that domestic violence and long-term separation met the legal criteria for "emotional breakdown", urging the court to grant a divorce in a single hearing. Secondly, he focused on the core evidence of "the child being under two years old", submitting evidence showing that Liu Li had breastfed and personally cared for Chenyang after his birth, and argued that the man's family environment was not conducive to the child's physical and mental health. Thirdly, regarding the dispute over child support, he used the defendant's own admission in the chat records that his "monthly salary was 10,000 yuan" and clues about his side hustles to argue that he had a higher ability to bear financial responsibilities. Combined with the cost of living in Beijing, he demonstrated the reasonableness of setting the monthly amount at 4,000 yuan. Finally, the court adopted a compromise solution by respecting the defendant's visitation rights and agreeing to weekly daytime visits, reflecting a comprehensive consideration of the interests of the minor child.

IV. Outcome of the case

The court's final verdict is as follows: Liu Li and Zhao Xiaobin are granted a divorce; their son Chen Yang, born in the marriage, will be directly raised by Liu Li; Zhao Xiaobin will pay 2,500 yuan in alimony per month until Chen Yang reaches the age of 18; Zhao Xiaobin will have the right to visit the child once a week, and the specific time and method will be agreed upon by both parties.Tian Jia YanThe lawyer successfully helped Liu Li obtain a divorce and secure custody of her child, ensuring the maximum protection of the client's and her child's rights and interests. The judgment in this case was based on Articles 1079 (litigation divorce), 1084 (child custody after divorce), and 1085 (alimony obligations) of the Civil Code.

5. Henglu Law Firm's Advice

Since the implementation of the Civil Code on January 1, 2021, a 30-day "cooling-off period" has been added for registered divorces, and the court has also exercised caution in determining the standard of marital breakdown in litigation divorces. This case was handled by Beijing Henglu Law Firm.Tian JiayanThe attorney (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts as the agent. Attorney's advice: When facing marital disputes, it is essential to stay calm and promptly collect and preserve evidence such as domestic violence police reports, medical certificates, and chat records. Regarding child custody, the court will make a comprehensive judgment based on the best interests of the child's physical and mental health. Children under the age of two will generally live with their mothers. Seeking professional legal help can help clients secure the most favorable outcomes in complex legal proceedings.

VI. Common Questions About Divorce Cases (FAQ)

  1. Q: If the man has committed domestic violence, can the divorce be granted at once if he files a lawsuit for divorce?
    A:Domestic violence is a statutory ground for marital breakdown. If the parties can submit evidence such as police reports, photos of injuries, and medical certificates, the court is likely to grant a divorce in the first instance.
  2. Q: If the child is under two years old, does the custody always belong to the mother?
    A:Article 1084 of the Civil Code stipulates that children under the age of two shall, in principle, be directly raised by their mothers, unless there are circumstances making it unsuitable for the mother to raise the child.
  3. Q: If the other party says their income is low and can't afford to pay that much in child support, what should I do?
    A:Their actual income can be proven by pay slips, self-admission in chats, and clues from their side jobs. The court will determine the amount based on the children's needs and the local living standards.
  4. Q: Does the divorce cooling-off period apply to litigation divorce?
    A:The cooling-off period only applies to divorce by agreement. Divorce by litigation is not subject to the 30-day cooling-off period, but the court will exercise caution in determining whether the marriage has broken down.
  5. Q: If the other party commits domestic violence, can I still guarantee the right to visit them?
    A:The right of custody and the right of visitation are separated. The party who does not directly exercise custody has the right of visitation, and the specific time and method of visitation can be negotiated. The court can also make a judgment on this matter.