[Case Summary]This case involvesDivorce litigation(The case was settled through mediation). Ms. Liu and the man met in 2017 and registered their marriage in March 2019. They had a son after marriage. Due to personality conflicts and trivial disputes, the man returned to Beijing alone during Ms. Liu's postpartum recovery in her hometown, and the couple lived apart for two years. The child has been taken care of by Ms. Liu throughout, but the man refuses to return the child's household registration, medical insurance card, and birth certificate. Ms. Liu entrusted Beijing Henglu Law Firm to handle the case for her.Tian JiayanThe lawyer is seeking help and hopes to divorce as soon as possible, obtain custody rights and reasonable alimony. After communicating with the man several times, the lawyer helped the two parties reach a settlement on divorce, with the woman obtaining custody rights. The man will pay 6,000 yuan per month in alimony starting from April 2023 and enjoy visitation rights, while returning the child's documents to the woman. The core disputes include the determination of the breakdown of the marriage, the attribution of custody rights, and alimony; the applicable legal provisions are the relevant provisions on divorce and child custody in the Marriage and Family Chapter of the Civil Code.

I. Review of the case

"What should I do if I want to get a quick divorce?" "How long do I have to be separated before I can get a divorce?" "How can I fight for custody of the children?" These are frequently asked questions in marital and family law. After receiving a request from Ms. Liu, the client,Tian Jia YanThe lawyer first learned about the case. Ms. Liu met the man in 2017 and registered their marriage in March 2019, after which they had a son named Zhang *1. However, their married life was unsatisfactory. The couple often had conflicts due to their personalities and daily trivial matters. During Ms. Liu's postpartum recovery period in her hometown, the man returned to Beijing alone, and the couple began living apart for two years. During the separation, the child was always taken care of by Ms. Liu. Ms. Liu repeatedly requested to live together with the child, but her requests were rejected. The man refused to return the child's household registration, medical insurance card, and birth certificate. Ms. Liu believed that the man failed to fulfill his responsibilities as a husband and father, causing her great physical and mental harm. Their relationship had broken down and there was no possibility of reconciliation. She decided to divorce, but the man disagreed.

Therefore, the woman contacted Beijing Henglu Law FirmTian Jia YanThe lawyer is seeking help, hoping to free himself from a miserable marriage.

II. The focus of the case

  • Focus 1: Has the marital relationship between the couple truly broken down?The long-term separation, intensified conflicts, and the man's failure to fulfill his family responsibilities may indicate that the marriage has broken down and meets the conditions for divorce, which is a prerequisite for mediation or judgment.
  • Focus II: Who gets custody of the children?The child has been living with the mother for a long time, and the father refuses to return the documents. The custody of the child and the amount of child support are the most concerned issues for the parties involved.
  • Focus 3: Alimony standards and visitation arrangements.The two sides agreed to make compromises on alimony and visitation rights, and decided whether the mediation could successfully conclude the case.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Ms. Liu) alleged that:The plaintiff alleges that the man failed to fulfill his responsibilities as a husband and father, that the relationship between them has broken down beyond repair, and that there is no possibility of reconciliation. She requests a divorce, custody of the children, and reasonable child support payments from the defendant.

The defendant's (the man's) position:The man initially did not agree to the divorce and refused to return the child's documents. After communication with the lawyer, he gradually agreed to resolve the matter through mediation.

Hengluo Lawyer's Agency Opinion:Tian Jia YanThe lawyer learned that the woman wanted to divorce as soon as possible, obtain custody rights, and reasonable alimony. The lawyer immediately collected and organized evidence materials and filed a case. Through in-depth communication with the woman, the lawyer determined their mutual intentions and developed a solution. During this process, the lawyer communicated with the man by phone multiple times. Drawing on his extensive experience in divorce litigation, the lawyer argued that the couple had incompatible personalities, frequent conflicts, and a broken relationship. He emphasized that it would be beneficial for both parties to end the marriage through mediation to avoid further losses. He hoped that the man would cooperate with the mediation. Finally, after numerous rounds of communication and negotiation, the man agreed to divorce. On the issue of alimony, both parties compromised and adjusted it to a range that was beneficial for the child's growth and acceptable to both parties, ultimately reaching an agreement on divorce, custody rights, alimony, and visitation times.

IV. Outcome of the case

The case was settled through mediation: 1. The plaintiff, Liu * and the defendant, Zhang * voluntarily divorce; 2. The child born from the marriage, Li *1, shall be raised by the plaintiff, Liu *. The defendant, Li *, shall pay 6,000 yuan in monthly alimony before the 25th of each month starting from April 2023 until Li *1 reaches the age of 18. The basic tuition fees for public schools shall be borne by the defendant separately; 3. The defendant shall visit Li *1 four times per month, each visit lasting no less than one day, and the specific time and location shall be agreed upon by both parties; 4. The defendant shall hand over Li *1's medical insurance card and birth certificate to the plaintiff before April 17, 2023. The parties involved aim to secure the maximum rights and interests at the lowest cost and reduce the harm to the child.

5. Henglu 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. Attorney's advice: When the marital relationship breaks down and continuing to live together only drains each other, divorce is actually a rational choice; when it comes to custody rights, it is necessary to minimize the harm to the child and prioritize mediation to reduce conflicts and costs. In cases of "wanting a quick divorce" or "custody disputes", it is recommended to entrust a professional attorney to formulate communication and litigation plans.

VI. Common Questions and Answers about Divorce and Family Disputes

  1. Q: How long after separation can a divorce be granted automatically?
    A:There is no automatic divorce. Divorce must be done through an agreement or litigation. Separation for more than two years due to marital discord is one of the circumstances that indicate a breakdown of the marriage, but the divorce procedures must still be completed.
  2. Q: How can I fight for custody of my child?
    A:The court ruled in accordance with the principle of acting in the best interests of the minor children. Factors such as the child living with one parent for a long time and the other parent failing to fulfill their parental obligations are important considerations, and relevant evidence should be preserved.
  3. Q: What should I do if the other party refuses to provide the child's documents?
    A:The obligation to deliver the documents can be explicitly stated in the divorce agreement or judgment. If the other party refuses to deliver the documents, the party concerned may apply for enforcement or pursue other legal remedies.
  4. Q: How is the alimony usually determined?
    A:It can be determined based on the needs of the children, the parents' ability to pay, and local standards. It can be agreed that the payments will be made on a monthly basis, and the sharing of large expenses such as education and medical care should be clearly specified.
  5. Q: What is the difference between a divorce by agreement and a divorce through mediation?
    A:Both of them have legal effect. The mediation of divorce is issued by the court with a mediation agreement, which has stronger enforceability and is suitable for situations where both parties are willing to make concessions but need judicial confirmation.