[Case Summary]This case involves a divorce dispute. Ms. Zhang and Mr. Wang registered their marriage in 2017 and had a daughter and a son. After marriage, the husband often quarreled with her over trivial matters, verbally abused her, and even threatened her with a knife. The couple separated in July 2022. Ms. Zhang entrusted Beijing Henglu Law Firm to handle the case for her.Chen Mei'e、YeqingyuThe lawyer sued for divorce and sought custody of the child. The court determined that the couple's marital relationship had broken down and granted the divorce, with Ms. Zhang obtaining custody of their child. The core disputes were whether the couple's marital relationship had broken down and the allocation of custody rights. Applicable legal provisions: Articles 1079, 1084, 1085, and 1087 of the Civil Code of the People's Republic of China, etc.

I. Review of the case

When encountering an unhappy marriage, women often search for questions such as "Can a single lawsuit lead to a divorce?" "How to divorce when the husband commits domestic violence?" and "How to determine custody of two children?" Ms. Zhang and Mr. Wang registered their marriage in May 2017. They didn't know each other well before marriage and often argued over trivial matters after marriage. In June 2019, their eldest daughter was born, and in May 2021, their second child was born. Ms. Zhang quit her job to take care of the children and had no income. She was often criticized and verbally abused by her husband, who even used insulting language towards her mother, became violent when angry, and threatened her with a knife, causing Ms. Zhang to suffer from long-term mental depression. After Mr. Wang lost his job in late November 2021, he failed to pay living expenses, and the children relied on Ms. Zhang's mother's pension for support. Since July 2022, the couple has been living separately. Ms. Zhang is determined to divorce and has entrusted a lawyer to handle the legal proceedings.Chen Mei'e、Yè QingyǔThe lawyer filed a lawsuit.

II. The focus of the case

  • Focus 1: Whether the marital relationship between the couple has truly broken down.The man engaged in violent and threatening behaviors. Does this meet the legal criteria for granting a divorce?
  • Focus II: Custody of the child.Among the two children, the woman obtained at least one custody right.
  • Focus Three: Property division and protection of children's interests.The issues of alimony and property, which are dealt with together in the context of divorce, should be addressed comprehensively.

III. Professional intervention by Hengluo Lawyers

The plaintiff claimed that:Ms. Zhang claimed that her relationship with Mr. Wang had broken down, and she requested a divorce judgment, seeking custody of at least one child. At the same time, she made preparations in terms of the breakdown of the relationship, custody rights, and property division.

The defendant argued that:The man said he does not agree to the divorce and even if they divorce, he will strive for the custody of their two children.

Hengluo Lawyer's Agency Opinion:Chen Mei'ao、Yè QīngyǔAfter accepting the client's commission, the lawyer communicated in detail about the situation before and after marriage. He believed that the man lacked family responsibility both emotionally and spiritually, that the couple's relationship had broken down and there was no possibility of repairing it, which complied with the relevant provisions of the Civil Code. In addition to preparing evidence of the breakdown of the relationship, the lawyer also sorted out issues such as custody and property division. During the trial, he defended the case from the aspects of the couple's relationship, the child's growth environment, escalating family conflicts, and the man's violence (the woman had once called the police). In the end, the court supported our client's claims, granted the divorce, and awarded the woman custody of one child.

IV. Outcome of the case

The court, in accordance with Articles 1079, 1084, 1085, and 1087 of the Civil Code of the People's Republic of China, judicial interpretations, and Article 67 of the Civil Procedure Law of the People's Republic of China, makes the following judgment: 1. Grant the plaintiff and the defendant a divorce; 2. The couple's daughter shall be raised by the plaintiff until she reaches the age of 18, and the couple's son shall be raised by the defendant until he reaches the age of 18. Starting from the month following the effective date of the judgment, both parties may visit their children twice a month for one day each, and cooperate with each other in this regard; 3. Dismiss all other litigation requests of both parties. Ms. Zhang has successfully escaped from her unhappy marriage.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmChen Mei'aoAttorney (Practice Certificate No.: 11101201911105336, subject to the certificate issued by the judicial administrative organ)Yè QīngyǔAttorney (Practice Certificate No.: 11101201910076968, subject to the document issued by the judicial administrative organ): acting on behalf of the client. Hengluo Law Firm advises: In divorce cases, judges have broad discretion in determining whether the marriage has broken down. It's rare for a divorce to be granted in one go, but if the marriage is indeed irretrievable and no agreement can be reached through negotiation, one can strive to obtain a divorce judgment through sufficient evidence and litigation experience.

VI. Common Questions About Custody Disputes in Divorce Cases - FAQ

  1. Q:Can a divorce be granted in the first lawsuit for divorce?
    A:It's usually quite difficult, but if there is sufficient evidence of domestic violence, separation, or a breakdown of the relationship, the first lawsuit may also result in a divorce judgment.
  2. Q:How to divorce in the case of domestic violence committed by the husband?
    A:Call the police, seek medical treatment, and preserve evidence in a timely manner. File for divorce on the grounds of a broken relationship, and you can claim in the lawsuit that the other party is not suitable to raise children.
  3. Q:How is custody of the two children determined?
    A:The court, in accordance with the principle of acting in the best interests of the minor children, makes a judgment based on the parents' ability to raise the children, the children's wishes, and other factors. In some cases, the court may decide that one parent should raise one child.
  4. Q:What should I do if the other party doesn't agree to the divorce?
    A:A divorce can be initiated through litigation, and the court will decide based on whether the marriage has broken down. Disagreement does not mean that the divorce cannot proceed.
  5. Q:How to stipulate divorce visitation rights?
    A:The two parties may negotiate the frequency of visitation, and the judgment usually specifies the time and frequency of visitation. Both parties should cooperate with each other in this regard.