[Direct answer]Yes. In divorce litigation, issues such as child custody, alimony, and the division of marital property can be handled together in the same case, without the need for separate litigation. According to Article 1084 of the Civil Code of the People's Republic of China, custody rights are determined based on the principle that is most beneficial to the minor children; according to Article 1087, the division of property is handled in accordance with the principles of protecting the rights and interests of the children, the wife, and the non-at-fault party. The court will, while adjudicating the divorce, make a comprehensive ruling on the attribution of custody rights, the amount of alimony, visitation arrangements, and property and debt matters. It is recommended to list all claims together when filing the lawsuit to avoid omissions that may lead to separate litigation. For more details, please refer to the following link:Divorce litigation and family dispute resolution services.

1. Problem background and typical scenarios

Many litigants only think of "getting a divorce first and then dealing with other issues" when suing, ignoring the need to claim both property and custody rights simultaneously. Typical scenarios include: worrying that suing for property first might affect custody rights, so they file separate lawsuits; discovering after divorce that the ex-spouse has transferred property and needing to file a separate lawsuit for property division; new disputes arising over visitation rights and child support enforcement after custody rights are awarded to the other party; and how to allocate custody rights for two children and whether they can all be granted to one party. In practice, handling both issues simultaneously saves litigation costs and avoids conflicts between subsequent judgments. For matters involving subsequent enforcement, they can be combined with other litigation processes.Creditor-debtor relations and enforcement case servicesCoordinate and plan things in a comprehensive and systematic way to achieve the best results with the least effort.

II. Key points of contention

The focus of the dispute centers on three points. Firstly, the custody of the child: the court, based on the principle of maximizing the interests of the minor child, determines the custody based on the child's age, growth environment, and the parents' ability to raise the child. For children over the age of eight, the court will respect the child's wishes. Secondly, the linkage between property division and custody: whether the fault of one party affects the division of property in favor of the other party, and whether the alimony and the discounted value of the property can be offset against each other. Thirdly, enforceability: how to specify the visitation time, the sale of the house, and the payment of the discounted value in the agreement to avoid delays. The cases handled by our firm show that fixing the custody and property issues in the same mediation or judgment can significantly reduce subsequent disputes. For cases involving the delivery of real estate, reference can be made to the relevant provisions.Real estate sales and construction project services.

III. Professional analysis by Hengluo Law Firm

Taking the divorce dispute handled by our firm as an example: Xiao Ya and Xiao Lei registered their marriage in 2013 and have two children. The husband has been running a business outside the city for a long time, and the couple has been living apart for more than ten years. The wife has been solely responsible for raising the children. The husband first sued to request that "one child be raised by each parent". The wife entrusted He Ningning, a lawyer from Beijing Henglu Law Firm, to represent her and insisted that both children be raised by the wife. The lawyer collected travel records, residence certificates, and children's education and medical records to prove that the husband was absent from family life. According to Article 1084 Paragraph 3 of the Civil Code, which stipulates the principle of "what is most beneficial to the minor children", the lawyer argued that it would be detrimental to the children's physical and mental health to abruptly change their living arrangements. The court adopted the lawyer's core arguments, broke through the judicial precedent of "one child per parent", mediated the divorce, and granted the wife custody of both children. The division of property and the assumption of debts were also favorable to the wife. This case was handled by Beijing Henglu Law Firm.He NingningThe lawyer (practice license number: 11101202511925103, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The core basis is Article 1084 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) (Principles of Child Rearing and the Best Interests of Minors), Article 1087 (Principles of Division of Marital Property), and Article 1085 (Alimony); as well as the provisions of the Civil Procedure Law on the joint trial of litigation claims. Practical suggestions: When suing, list all claims of divorce, custody, alimony, visitation, and property division at once; prepare evidence showing that the children live with you and that the other party has not fulfilled his/her duty of support; truthfully declare the property and debts; and clearly state the liability for breach of contract in the mediation agreement regarding the enforceable clauses. Where there is an intertwining of family-owned property, it can be combined with other relevant provisions to address the situation.Inheritance succession and family property division services.

5. Henglu Law Firm's Advice

It is advisable to resolve all issues in a divorce lawsuit in a comprehensive manner to avoid repeated litigation over property and child custody after the divorce judgment. It is recommended to prepare thoroughly for child custody evidence, property lists, and debt authenticity before litigation, paying special attention to clues of the other party's possible transfer of assets. Mediation can reduce confrontation and have less impact on children, but the terms must be rigorous and enforceable. If you need to systematically build evidence and strategies, you can refer to the following resources for guidance:Special services and other case services.

VI. Frequently Asked Questions

Q1: In divorce litigation, where the court adjudicates on both property and custody rights at the same time, do I have a good chance of winning?

Both claims are adjudicated according to law, and there is no inevitability of "winning custody but losing property". The custody right is determined based on what is most beneficial to the minor children, and the property division is based on the principles of taking care of the children, the woman, and the party without fault. The evaluation standards of the two are different and can be established simultaneously. Whether the client can get what they want depends on the evidence and facts. Lawyers will respectively build evidence for custody advantages and property, rather than exchanging one for the other, and will not make unrealistic promises of victory.

Q2: If I want to handle both property and custody rights together, what evidence do I need to prepare?

In terms of child-rearing: records of the children living with the parent, education and medical bills, evidence of the other party's failure to fulfill their child-rearing obligations, and proof of stable residence and income; In terms of property: property ownership certificates, bank deposit and financial transaction records, vehicle and equity certificates, and joint debt contracts; If claiming fault, prepare evidence such as infidelity and domestic violence. The evidence should be organized around two main aspects: "maximizing the interests of the children" and "property ownership and contributions", to avoid omissions that may lead to separate litigation.

Q3: If the divorce involves the division of property and child custody, how much will the attorney's fees and litigation costs be?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the property dispute and shall be borne by the losing party; the custody rights part is generally not charged separately. The attorney's fees shall be negotiated by the law firm, and are usually charged on a per-case basis or as a percentage of the amount of the dispute. Risk-based representation is not allowed in cases involving marriage and inheritance, and the specific fees shall be subject to the terms of the entrustment contract. It is recommended to clarify the fees with the law firm based on the total amount of the property dispute, and to balance the cost with the overall benefits that can be obtained.

Q4: From the filing of the lawsuit to the completion of the judgment, how long does it typically take to handle divorce litigation, including property division and child custody arrangements?

The first-instance ordinary procedure is completed within six months, and the summary procedure within three months; if the first lawsuit does not result in a divorce, the plaintiff must file a lawsuit again after being separated for more than a year, which will take a longer time. If the case involves property appraisal, paternity testing, or property investigation, the timeframe will be extended accordingly. Cases settled through mediation are usually resolved faster. Overall, it often takes several months from filing the case to making a judgment. It is recommended to prepare all the necessary evidence before filing the lawsuit to shorten the time for trial and enforcement.

Q5: I want to settle both property and custody issues together. What should I do first?

Here are the four steps recommended: 1. Organize a list of assets and debt documents, and secure evidence showing that the children live with you and that the other party has failed to fulfill their obligations. 2. Clearly define all claims (divorce, custody rights, child support, visitation rights, and property division). 3. Prioritize assessing the possibility of mediation and clearly writing enforceable clauses. 4. If mediation fails, promptly file a lawsuit and apply for property preservation to prevent assets from being transferred. Throughout the process, keep all communication records and, if necessary, hire a lawyer to coordinate evidence collection and legal strategies.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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 a timely manner.