[Case Summary]This case involves a divorce dispute. Ms. Li and Mr. Xu registered their marriage in early 2018 and had a son in 2021. Due to a lack of understanding before marriage, they often argued after marriage. In 2020, Ms. Li discovered that Mr. Xu had been having an affair. Mr. Xu promised to reform, but failed to do so. Later, he was arrested by the public security organ for soliciting prostitutes. In early 2022, Mr. Xu left home and the couple has been living apart ever since. Ms. Li insists on divorce and seeks custody of the child, and has entrusted the Beijing Hengluo Law Firm to handle the case for her.Li YonghuiAttorney representation. The core disputes include whether the marital relationship has broken down, the custody of the children, whether the man's solicitation of prostitutes constitutes a major fault, and the division of property. Result: The court granted the divorce in one go, with the children being raised by the woman, and the man paying 5,000 yuan per month in child support until the children reach the age of 18, as well as 200,000 yuan for the purchase price of the house and 50,000 yuan in damages. Applicable legal provisions: The provisions of the Civil Code on divorce, child custody, marital joint property, and damages.

I. Review of the Case Facts

Can the husband be granted a divorce in one go if he cheated on his wife and also engaged in prostitution? Who will get custody of the child? Many women search for terms like "Can a man be granted a divorce in one go if he engages in prostitution?", "Who gets custody of the child in a divorce due to cheating?", and "Standards for divorce compensation for damages". Ms. Li and Mr. Xu were classmates during their graduate studies. After graduation, they entered into a romantic relationship and registered their marriage in early 2018. In 2021, they had a son named Xu *1. Due to a lack of understanding before marriage, the couple frequently argued after marriage. In 2020, Ms. Li discovered that Mr. Xu was cheating on her. Mr. Xu immediately promised to repent but failed to change his ways afterward. Later, he was arrested by the public security authorities for engaging in prostitution. In early 2022, Mr. Xu left home and the couple have been living separately ever since. Disillusioned, Ms. Li firmly requested a divorce. Mr. Xu agreed to the divorce but demanded a legal division of the couple's joint property and custody of the child. To secure custody and protect her rights, Ms. Li hired the Beijing Henglu Law Firm to represent her in the case.Li YonghuiThe lawyer filed a lawsuit on behalf of the client. The disputed assets between the two parties include: two cars; the Beijing Dongcheng No. 06 house registered under the woman's name (her premarital property); the Beijing Xicheng No. 04 house (fully funded by the woman's parents, with the gift agreement stating that it was a gift to the woman personally, and the man signed it); the No. 09 parking space under the woman's name (fully funded by her parents with a gift agreement and electronic receipts); the woman's bank deposits and wealth management products; and the balance in the man's bank account (the woman stated that she did not claim to divide it).

II. The focus of the case

  • Focus 1: Has the marital relationship between the couple broken down, and can a divorce be granted in one go?Can the man's infidelity, involvement in prostitution, and separation meet the criteria for a divorce in one go?
  • Focus II: The custody of the legitimate child and whether the man's involvement in prostitution constitutes a major fault leading to the divorce.\nChild support and determination of fault compensation.
  • Focus 3: Whether multiple sets of real estate, parking spaces, and financial assets belong to the couple's joint property, and how to divide them.The identification of the property donated by parents to individuals.

III. Professional intervention by Hengluo Law Firm

The plaintiff originally claimed that:Ms. Li requests the court to rule that the divorce be granted, that the children be raised by her, and argues that the man's involvement in prostitution and extramarital affairs constitutes a major fault, for which he should pay damages.

The defendant argued that:Xu agreed to the divorce, but demanded that the children be raised by him, and claimed that some of the real estate, parking spaces, and the wife's financial assets should be divided as marital joint property.

Legal opinion of Hengluo Law Firm:After accepting the commission,Li YonghuiThe lawyer immediately communicated with the client in detail, provided psychological comfort, fully understood the client's demands, and sorted out the status of the couple's jointly owned property. The lawyer conducted investigations and collected evidence to prove that the child was more suitable to be raised by the woman. The lawyer argued that: the marital relationship should be based on affection. Both parties acknowledged that their feelings had broken down and agreed to divorce, so the divorce should be supported; regarding the child born in the marriage, he/she is less than two years old and should be raised directly by the mother, who has been living with the child all along. Therefore, the woman's request for custody should be supported. Moreover, the man was caught by the public security organ for soliciting prostitutes during the marriage, which was an illegal act and a serious breach of the marital duty of fidelity, constituting a major fault leading to the divorce. The woman, as the innocent party, has the right to demand compensation for damages from the man. Regarding the man's claim that the real estate and financial assets were jointly owned, the lawyer refuted each claim with evidence such as the gift agreement and investment certificates.

IV. Outcome of the case

After the trial, the court of first instance adopted some of the opinions and main claims of Hengluo Law Firm: the court supported the woman's request to raise the child; as the woman was the innocent party, she had the right to claim damages. The court, taking into account the man's degree of fault and his financial status, determined that the man should pay the woman 50,000 yuan in compensation. Regarding the division of property: the Porsche SUV did not belong to the couple's joint ownership; the Tesla car registered under the man's name belonged to him, and the man should pay the woman 200,000 yuan in consideration; House No. 06 was the woman's premarital property and would not be divided; House No. 04 and Parking Space No. 09, based on the existing evidence, could be proven to be personal gifts from the woman's parents, not the couple's joint property. Regarding the woman's bank deposits and financial investments, the main sources of funds were the woman's premarital property and her parents' entrusted funds and interest income. Her personal income was used for family life and child-rearing. Among the jointly owned assets, the court ruled that they should be awarded to the woman in accordance with the principles of protecting the interests of the children, the woman, and the innocent party. In summary, the court ruled that the original defendant and the plaintiff should divorce, and the child should be raised by the woman. The man should pay 5,000 yuan in monthly alimony until the child reaches the age of 18. The cars registered under the man's name should belong to him, and he should pay 200,000 yuan in consideration to the woman and 50,000 yuan in damages. The bank deposits and financial investments under each party's name should belong to them respectively. The case acceptance fee should be borne by the man.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as an agent. If one party in a marriage engages in infidelity, prostitution, or other acts that violate the duty of fidelity, such behavior may constitute a major fault leading to divorce. The innocent party has the right to request damages and strive for custody of the children. It is recommended to promptly fix evidence such as chat records, police reports, and punishment decisions when discovering the other party's fault, and to hire a professional lawyer as soon as possible to plan custody and property division schemes.

VI. Common Questions about Divorce Disputes FAQ

  1. Q:The man was detained for soliciting prostitutes. Can the woman file for divorce and get a divorce judgment in one go?
    A:Prostitution constitutes a major breach of the marital duty of fidelity. If both parties agree to divorce or their feelings have truly broken down, the court may grant a divorce in one go; at the same time, the woman, as the party without fault, has the right to request damages.
  2. Q:When the child is under two years old, who is usually awarded custody in a divorce case?
    A:According to the law, children under the age of two are generally raised by their mothers. In this case, the legitimate child is still under the age of two and lives with the mother, so the court ruled that the child should be raised by the mother.
  3. Q:The woman's parents fully funded the purchase of the house and stated that it was a gift to her personally. If they divorce, does she still have to divide the property?
    A:If the gift agreement clearly stipulates that the gift is given to the woman personally, and there are supporting evidence such as investment certificates and the man's signature, it is usually regarded as the woman's personal property and will not be divided as a marital asset during the divorce.
  4. Q:How much can divorce damages compensation typically be awarded?
    A:There is no unified standard, and the court determines the amount based on factors such as the degree of fault and the economic status. In this case, considering the man's fault of soliciting prostitutes, the court ordered him to pay 50,000 yuan in compensation.
  5. Q:Before marriage, the couple managed their finances together, and after marriage, they engaged in business activities. When they divorce, will these assets be considered as marital property?
    A:If the main source of funds is pre-marital property and the interest income from the funds entrusted by parents for investment, and the personal income is used for family expenses, the court usually determines that it does not belong to the common property; only the part that is clearly mixed with post-marital property may be subject to division.