[Direct answer]When choosing a divorce litigation attorney, the following four aspects should be given priority consideration: the depth of expertise in the field of marital and family law, the track record of handling similar cases, the ability to strategically design litigation and mediation plans, and whether the fees are transparently disclosed in writing. Divorce cases often involve intertwined issues such as the determination of marital breakdown, property division, and child custody and visitation. According to Article 1079 of the Civil Code, circumstances such as domestic violence, cohabitation with others, and separation for more than one year all constitute grounds for divorce. The attorney must be able to organize evidence around these statutory requirements. This can be achieved through the following methods:Divorce litigation and legal services for family disputesTo learn more about Henglue's family law team, please visit their website.Beijing Henglu Law FirmMake an appointment for an interview evaluation.

I. Problem Background and Typical Scenarios

The cost of choosing the wrong lawyer in divorce litigation is often high: evidence of the breakdown of the marriage is not properly fixed, and the first lawsuit is ruled against divorce; property clues are not preserved in time, and the other party transfers the property first; the provisions on custody and visitation are vague, leading to continuous disputes after divorce. The most common concerns of clients include: not knowing how to judge whether the lawyer's professional direction matches their needs, worrying that the lawyer only follows procedures without providing solutions, having doubts about the fees, and being busy and wanting to lock in a candidate as soon as possible. Especially in situations such as domestic violence, infidelity, and the other party transferring property, the lawyer's ability to organize evidence and negotiate directly affects the progress of the divorce and the outcome of property and visitation arrangements.

II. Key points of contention

  • Experience and judicial interpretation: The standards of proof for domestic violence, infidelity, and other situations, the criteria for determining separation, and the trade-off between mediation and judgment all depend on practical experience in family law. General representation is prone to becoming procedural formalism.
  • Design ability of the scheme: Should we insist on making a judgment or trade efficiency for mediation? How to refine the visiting provisions to include time and location and assisting obligations? Should we temporarily suspend the handling of property disputes? We need to propose targeted solutions rather than make vague statements.
  • Commissioning standards: The agency phase, billing methods, and authorizations must be clearly specified in writing. Marital and family legal services subject to risk-based fees are subject to regulatory restrictions, and clients should remain vigilant when entrusting cases that emphasize outcome-based fees.

III. Professional analysis by Henglue Lawyers

Take a divorce case handled by Henglu Law Firm as an example: Xiao Nan and Xiao Tian registered their marriage in 2015 and had a son named Duoduo in 2017. After marriage, Xiao Nan solely supported the family financially, while Xiao Tian failed to provide economic support and repeatedly committed domestic violence. In February 2024, Xiao Nan discovered that Xiao Tian was having an affair with a third party. In January 2025, Xiao Tian forcibly seized her phone and threatened her personal safety. After Xiao Nan reported the case to the police and moved out of their residence to begin living separately, Xiao Tian repeatedly harassed her at her rental property, kicked down her door, and threatened to never divorce her. Xiao Nan entrusted Attorney Tian Jiaoyan from Beijing Henglu Law Firm to file a divorce lawsuit, seeking to dissolve the marriage and secure visitation rights. Xiao Tian denied both the domestic violence and the affair.

Attorney Tian Jiaoyan began by proving the breakdown of the marriage: organizing police reports, hospital diagnosis certificates, and neighbor testimonies to demonstrate multiple instances of domestic violence; retrieving Xiao Tian's communication records and travel trajectories with third parties to form an indirect chain of evidence of infidelity; and using rental contracts and community certificates to confirm the separation from January 2025. Regarding the children, based on the best interests of the children, she proposed that the children be raised by the father, but with clear guarantees of the mother's visitation rights, and detailed the visitation arrangements to include regular pickups on Saturdays and the father's obligation to assist. Through court-mediated settlement, the parties reached an agreement: to dissolve the marriage, with Xiao Tian raising Moutuo, and Xiao Nan being able to pick up the child for 9 hours on Saturdays, with Xiao Tian obligated to actively cooperate. This case demonstrates the value of a mature lawyer—using evidence chains to facilitate mediation and incorporating visitation rights into a legally enforceable mediation agreement.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1079 of the Civil Code (effective January 1, 2021) stipulates that where mediation fails in cases of bigamy, cohabitation with others, domestic violence, abuse or abandonment of family members, gambling or drug addiction that cannot be reformed through repeated education, or separation due to marital discord for more than two years, the divorce shall be granted; where the divorce is not granted after a judgment and the parties separate again for more than one year and file for divorce again, the divorce shall be granted; Article 1091 stipulates that the non-at-fault party who suffers from domestic violence or other major faults has the right to request damages; the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016) stipulates that the parties who suffer from domestic violence may apply to the court for personal safety protection orders. At the lawyer selection level: During the consultation, please ask the lawyer to evaluate the chances of obtaining a divorce based on the existing materials, assess the scope of the property and arrangements for the children; sign a contract to clarify the stages of representation and fees; and after entrusting the lawyer, provide additional evidence such as police reports, medical records, and separation documents according to the list. You can further consult for more information.Divorce litigation and legal services for family disputesTeam.

5. Henglu Law Firm's Reminder

The essence of choosing a divorce lawyer is selecting one with strong evidence organization and plan design capabilities. Before the interview, you should first review the marital status, property list, and children's situation, and communicate with the lawyer item by item based on the prepared list of questions. Be cautious of lawyers who offer abnormally low quotes or only promise results. This case was handled by Beijing Henglu Law Firm.Tian JiayanThe lawyer (practice license number: 11101202111381309, subject to the document issued by the judicial administrative organ) acts on behalf of the client to help them escape a violent marriage and obtain a clear visitation arrangement of 9 hours per week. If you are facing similar difficulties, it is recommended to consult with us as soon as possible, bringing along materials such as police reports and diagnosis certificates, to seize the opportunity to obtain a personal protection order and fix evidence.

Q1: Can a divorce be granted in the first lawsuit?

There is a possibility of divorce, but it all depends on the evidence of the breakdown of the marriage. According to Article 1079 of the Civil Code, if there are circumstances such as bigamy, cohabitation with others, domestic violence, gambling and drug addiction that cannot be corrected despite repeated warnings, or separation due to marital disharmony for more than two years, and if mediation fails, the divorce shall be granted; if the couple separates for more than one year after the court's decision not to grant the divorce, and one party files for divorce again, the divorce shall be granted. For the first-time litigation, it is difficult to obtain a divorce judgment solely based on oral claims, so it is necessary to submit evidence such as police reports, diagnosis certificates, and separation certificates to form a chain of evidence. If both parties agree to divorce but have major property disputes, they can also resolve them through mediation in one go. It is recommended that lawyers evaluate the evidence to determine the litigation and mediation strategies.

Q2: What evidence do I need to prepare for a divorce due to domestic violence?

It is recommended to fix four types of evidence: First, domestic violence evidence, including police report receipts, warning letters, police response records, medical diagnosis and injury photos; Second, clues of infidelity or cohabitation, such as chat records, transfer records, and travel trajectories, which can form an indirect chain of evidence; Third, evidence of separation, such as rental contracts, community certificates, and utility bills; Fourth, evidence of property and children, including property registration, bank statements, and children's school and medical records. Those who suffer from domestic violence or face real danger can apply to the court for a personal safety protection order in accordance with the "Anti-Domestic Violence Law of the People's Republic of China" to prohibit the other party from contacting or harassing them. Evidence should be screened and organized by lawyers in accordance with the court's requirements to avoid infringing on others' rights by collecting evidence on their own.

Q3: How much does it cost to hire a divorce lawyer?

The fees charged by divorce lawyers are typically divided into two categories: a fixed fee for cases involving no property division or relatively small amounts; and a tiered fee based on the disputed property value for cases involving large assets such as real estate, equity, and deposits. Expenses for property preservation, investigation and evidence collection, etc. are charged separately. The fees charged by law firms in Beijing vary widely, so clients should request a written explanation of the fee structure, the stages of representation, and the refund rules. It's important to note that contingency fees in marital and family law cases are subject to regulatory restrictions, and clients should be cautious of promises that emphasize winning the case as a selling point. A reasonable expectation is that the quoted fees should match the lawyer's efforts in evidence collection, negotiation, and courtroom representation. This approach better protects your property and custody interests than simply offering low prices.

Q4: How long does it usually take to litigate a divorce case?

Generally, cases under the simplified procedure are concluded within three months, and cases under the ordinary procedure are concluded within six months. However, cases involving property appraisal, auditing, service of notices by public announcement, or the other party's application for a deferral will take longer accordingly. After the first judgment denying divorce, it is necessary to wait six months before suing again; if the parties have separated for more than one year after the judgment denying divorce, the second lawsuit shall result in a divorce. Cases settled by mediation are usually faster, and the mediation agreement will take effect upon its signing. It is recommended to sort out the evidence and property clues before suing, and apply for preservation of evidence in time during the litigation to reduce procedural delays. The specific pace can be predicted by the lawyer based on the other party's attitude towards the lawsuit and the court's scheduling arrangements.

Q5: After deciding to divorce, what should be the first step to take?

It is recommended to proceed in five steps: First, fix the evidence, report the case to the police, seek medical treatment, separate from the spouse, and secure the clues of the marital property in advance; Second, sort out the list of property and debts, and apply for an investigation order if necessary; Third, assess the arrangements for the children, clarify the custody, visitation, and alimony claims; Fourth, consult a lawyer to determine the litigation or mediation strategy, and sign a written power of attorney; Fifth, apply for property preservation and personal safety protection orders as needed before filing a lawsuit. According to Article 1079 of the Civil Code, the proof of situations such as separation and domestic violence directly determines the progress of the divorce. The earlier a lawyer is involved, the more controllable the evidence and timing will be, and the fewer disputes will arise after the divorce.

If you are currently 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 Tian Jiayan·Beijing Henglue Law Firm