[Case Summary]This case involves a divorce dispute. The plaintiff, Wang *sheng, and the defendant, Zhang *hua, registered their marriage in 2006 and had a son (11 years old). In 2025, Zhang *hua first sued for divorce, but the lawsuit was dismissed. Later, Wang *sheng discovered that Zhang *hua had been having an affair, so she entrusted the Beijing Henglu Law Firm to handle the case for her.Xiong BinrongThe lawyer filed a lawsuit again, proposing six claims, including dissolving the marriage, the child following the plaintiff and the defendant paying alimony, dividing 70% of the joint property, sharing debts, and seeking compensation for damages. The core dispute is the impact of marital infidelity on the division of property and custody rights. The applicable legal provisions are the principles of protecting the rights and interests of children, women, and the non-at-fault party in the Civil Code. The court found that Zhang *hua committed major fault during the marriage and granted the divorce, with the child following Wang *sheng and Zhang *hua paying 550 yuan in alimony per month. Wang *sheng was awarded 70% of the joint property.

I. Review of the case

If a spouse is found to have been unfaithful during the marriage, can the divorcing party claim more assets and custody of the children? People often search for terms like "how is a divorce judgment made when one spouse cheats during the marriage", "the innocent party gets more assets", "who gets custody of the children", and "Beijing Hengluo Divorce Lawyers". Wang *sheng and Zhang *hua got married in 2006 and have one daughter (who has already reached adulthood) and one son (11 years old). They have accumulated assets such as real estate, vehicles, machinery and equipment, and insurance. In April 2025, Zhang *hua filed for divorce first, but Wang *sheng tried to save the marriage. In August, the court ruled against the divorce. Two months later, Wang *sheng discovered that Zhang *hua had been unfaithful, so he hired Beijing Hengluo Law Firm to handle the case.Xiong BinrongThe lawyer filed for divorce again.

II. The focus of the case

  • Focus 1: Has the marital relationship between the couple truly broken down?After being prohibited from leaving for the first time, if the spouse still cheats, can it be determined that there's no possibility of reconciliation between them?
  • Focus II: Can the innocent party receive a larger share of the jointly owned property?Does the fault committed during the marriage trigger the skewed division in favor of the "innocent party"?
  • Focus Three: The attribution of child custody rights.According to the principle of acting in the best interests of minors, the 11-year-old child will live with whichever party is most beneficial to him or her.

III. Professional intervention by Hengluo Law Firm

The plaintiff (the party without fault) alleges that:Wang *sheng claimed to dissolve the marriage, have the child live with him, divide 70% of the joint property, share the debt of 524,782 yuan, request compensation for damages of 50,000 yuan, and have the defendant bear the litigation fees.

The defendant (the party at fault) argued that:Zhang *hua verbally agreed to divorce, but attached harsh conditions (agreeing to give her custody of the children and divide 70% of the property). She counter-accused the plaintiff of transferring property, trespassing into her residence, fabricating debts, and being unfit to raise the children.

Legal opinion of Hengluo Law Firm:Xiong BinrongThe lawyer focused on the following points: 1. Organizing the evidence of the divorce judgment and the extramarital affair to prove that there is no possibility of reconciliation and that the legal conditions for divorce are met. 2. Based on the children's growth environment, the parties' behavior, and their ability to raise the children, arguing that it is more in line with the "best interests of the minor" principle for the child to stay with the plaintiff. 3. Sticking to the principle of the "at-fault party" in the Civil Code, pointing out that Zhang *hua violated the marital duty of fidelity and was the direct cause of the marital breakdown. As the non-at-fault party, the plaintiff should be given preferential treatment, and claiming 70% of the jointly owned property. 4. Detailing the joint debts and the basis for damages compensation.

IV. Outcome of the case

The court found that Zhang *hua still cheated on his wife during their marriage after his first lawsuit was dismissed, and their feelings had indeed broken down, so the divorce was granted. The court adopted the lawyer's opinion that the child born during the marriage would live with Wang *sheng, and Zhang *hua would pay 550 yuan per month in child support until the child reaches adulthood. According to the principle of "caring for the children, the wife, and the rights of the innocent party", the court determined that Zhang *hua's infidelity during the marriage constituted a major fault, and supported Wang *sheng's claim for 70% of the joint property (the house, car, truck, etc. would belong to the plaintiff, and the warping machines and weaving machines would be divided in a 7:3 ratio, with the education fund and insurance belonging to the children). The court ruled that the 35,000 yuan borrowed from the plaintiff's parents was a joint debt and should be repaid by the plaintiff, with the defendant paying half, or 17,500 yuan. Since the division of property already reflected the responsibility for the fault, the court dismissed the request for damages.

5. Henglu Law Firm's Reminder

Intra-marital fault is an important factor in the division of marital property in a divorce. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. Attorney's advice: If you find that your spouse is unfaithful, you should immediately fix the evidence such as chat records, photos, and judgments; when suing, you should claim custody rights, a share of the property based on the spouse's fault, and damages at the same time, and pay attention to the authenticity review of joint debts.

VI. Common Questions About Divorce Disputes - FAQ

  1. Q: How is a spouse who cheated during the marriage judged in a divorce case?
    A:An extramarital affair constitutes a fault, and the court may grant a divorce based on this and favor the innocent party in the division of property, but this requires sufficient evidence. Mere accusations are unlikely to be accepted as credible evidence.
  2. Q: How much more property can the innocent party receive in a divorce settlement?
    A:There is no fixed ratio in the law. The court will give preference to the party without fault according to the principle of "taking care of the party without fault". In this case, the compensation will be divided into 70% based on the fault and support. The specific amount will depend on the evidence and the structure of the property.
  3. Q: Who will have custody of the child?
    A:In accordance with the principle of putting the best interests of minors first, the determination shall be based on their age, growth environment, and parenting ability; and for children aged eight and above, their wishes shall be respected.
  4. Q: How much can I claim in damages for divorce?
    A:It is necessary to prove major faults such as bigamy, cohabitation, and domestic violence. The amount of compensation will be determined by the court at its discretion. If the property division already reflects the compensation, there may be no need for additional support.
  5. Q: How should joint debts be shared?
    A:Only debts used for common living and business purposes are considered joint debts, and the authenticity of their use must be proven. Debts that are false or exceed daily needs are generally not shared jointly by both parties.