[Direct answer]In the Beijing area, in principle, the claims should be raised together, but in certain circumstances, they can be sued separately. Article 1091 of the Civil Code of the People's Republic of China stipulates that in the event of divorce caused by bigamy, cohabitation with others, domestic violence, abuse or abandonment of family members, or other major faults, the innocent party has the right to request damages. In litigation divorce, the innocent party, as the plaintiff, should raise the claims together; as the defendant who does not agree to divorce and does not file for compensation, he/she may sue separately within one year after the divorce. In agreement divorce, the innocent party may sue separately for compensation within one year after the divorce registration. The claims must be supported by statutory fault circumstances and corresponding evidence.

1. Problem background and typical scenarios

When the other party cheated or committed domestic violence, leading to divorce, many people only focus on dividing property and fighting for custody of the children during the divorce process, and only remember to claim damages after the divorce is finalized, only to be asked, "Why didn't you mention it at the time?" Some people also believe that once the divorce judgment takes effect, they will forever lose the opportunity to claim damages. When to raise the claim, how to raise it, and whether it's possible to make up for missed opportunities are key procedural issues in such claims.

II. Key points of contention

The disputes focus on: first, the timing and procedures for filing a compensation claim; second, the remedial path for not filing a compensation claim under the defendant's identity; third, the conditions for initiating a separate lawsuit after a divorce by agreement; and fourth, the determination and proof of statutory fault circumstances. The court's inclination is to reserve a remedy channel for the non-at-fault party, but not to support requests that exceed the time limit or do not meet statutory conditions, so as to avoid the abuse of compensation claims.

III. Professional analysis by Henglue Lawyers

Firstly, distinguishing between identity and path: If the innocent party sues for divorce as the plaintiff, they should claim compensation in the lawsuit, otherwise it will be deemed as a waiver; if they act as the defendant but disagree with the divorce and do not claim compensation, they can file a separate lawsuit within one year after the divorce; if they agree to divorce by agreement, they can file a separate lawsuit for compensation within one year after the divorce registration. Secondly, the determination of statutory fault circumstances: Bigamy, cohabitation with others (continuous and stable cohabitation, which is different from general infidelity), domestic violence, abuse and abandonment, as well as other major faults shall all be proven by evidence; general extramarital affairs and occasional arguments are usually not sufficient to support compensation claims. Thirdly, the organization of evidence: Police reports and warnings, injury reports and medical records, cohabitation-related materials such as living quarters and photos, chat records and transfer records, witness testimonies, etc. should focus on "fault facts" and "causal connection"; if the evidence is insufficient, the compensation claim is likely to fail. Fourthly, coordination with property division: If the property division has already reflected the care for the innocent party, the court may strictly review the compensation claim, so the claim design should prioritize and avoid overlapping claims being offset. Fifthly, statute of limitations and deadlines: Separate lawsuits must pay attention to the one-year deadline and starting point. Missing it may result in the loss of rights; therefore, it is necessary to evaluate whether to claim compensation at the time of divorce rather than remedying it afterwards. In a divorce dispute handled by our firm, the party claimed custody rights and sought compensation for mental damage due to the other party's fault. The court granted the divorce and ruled that the children should live with the plaintiff, ordered the defendant to pay monthly alimony and compensate 50,000 yuan, and divided the property according to the marital agreement, showing the substantial impact of fault evidence on compensation and property arrangements. This case was handled by Beijing Henglu Law Firm.Xue SuhuaThe attorney (practice certificate number: 11101201211769926, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to assess whether there are statutory fault circumstances before divorce and decide whether to claim compensation simultaneously; the second step is to systematically collect evidence around the facts of the fault and its causal relationship; the third step is, if the defendant does not claim compensation, to pay attention to the one-year time limit after divorce; the fourth step is to promptly sue within one year after registration in the case of divorce by agreement to avoid exceeding the time limit. The main legal basis is: Article 1091 of the Civil Code of the People's Republic of China (Circumstances of Damage Compensation in Divorce), Article 1092 (Consequences of Transferring Property), and the provisions of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code regarding the timing and time limit for claiming damage compensation in divorce; the Civil Code came into effect on January 1, 2021, and the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

Three key points regarding damages: The plaintiff must raise all claims at once; if the defendant fails to raise a claim, there is a one-year remedial period; compensation will only be granted for statutory faults, and infidelity will generally not be supported; do not make overlapping claims for property division and compensation; and prioritize the most important claims in the lawsuit. For cases involving divorce-related faults and compensation, the parties may proceed through legal channels.Divorce litigation and family disputesThe service provides a comprehensive solution that can be applied to cases involving domestic violence and personal injuryPersonal injury and medical disputesFor reference, you can check the implementation of the plate tectonics theory.Creditor's rights and debts, and enforcementFor those who need help with difficult family matters, please feel free to consult us through this columnSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can divorce damages be supported?

If the evidence can prove that the spouse committed statutory faults such as bigamy, cohabitation, domestic violence, or abandonment of the family, and these faults are causally related to the divorce, the claimant will usually be supported; however, it's difficult to obtain support for cases involving extramarital affairs or insufficient evidence.

Q2: What evidence is required to claim compensation?

Alarm and warning records, injury examination and medical records, cohabitation living and video materials, chat and transfer records, witness testimonies, etc. are used to prove the facts of fault and causality.

Q3: Approximately how much will the litigation costs for compensation be?

In divorce cases, litigation fees are charged per case or per property subject matter. For separate claims for compensation, the fees are determined based on the subject matter. The attorney's agency fees are related to the scope of services provided.

Q4: What is the time limit for suing for compensation independently?

A request for divorce must be filed within one year after the divorce, and a request for divorce by agreement must be filed within one year after the registration of the divorce. Failure to do so may result in the loss of rights. The starting point for the time limit shall be the date of effectiveness or registration of the divorce.

Q5: What should I do if I fail to mention compensation during the divorce process?

In the case where the defendant has not initiated or agreed to a divorce, the plaintiff may file a lawsuit separately within one year; if the conditions are not met, the plaintiff may assert corresponding rights through other requests (such as property inclination).

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.