The custody of children is determined according to age as stipulated in Article 1084 of the Civil Code, and the child's wishes are respected if the child is over eight years old. Henglue Law Firm won the custody case in two trials, and here are the key points for preparing four types of evidence to help you successfully secure custody rights.
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The principle is that children under the age of two should be raised directly by their mothers, with only three legal exceptions; a review of a real case and a list of evidence are provided to explain the 20%-30% proportion of alimony.
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According to Article 1062 of the Civil Code, common property is defined; Article 1087 establishes the principle that the non-at-fault party in the care of children should be favored; and Article 1092 stipulates that the transfer of property may result in a smaller share or no share for the non-at-fault party. The law does not set a fixed percentage for this.
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In cases of domestic violence, victims can independently apply for a protection order, which will be adjudicated within 24 to 72 hours and be valid for six months, with no application fee required. The order includes information about the jurisdictional court, five types of evidence, and an explanation of the consequences of violating the order.
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The simple procedure is concluded within three months, and the ordinary procedure is concluded within six months; the announcement is served within 30 days; if the court does not grant a divorce in the first instance, the parties must wait for six months before filing a lawsuit again; the second instance will take an additional three to four months, and the entire process usually takes six months ...
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When the parents are still alive, the grandparents cannot directly obtain custody rights; only when the parents die or are unable to raise the children, do they have the obligation to raise them according to Article 1074, Paragraph 2 of the Civil Code. For children aged eight and above, the children's wishes must be respected.
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Cold violence is often classified as other circumstances leading to the breakdown of a relationship under Article 1079 of the Civil Code. A first-time lawsuit may not necessarily result in a divorce; the key basis is that the couple has been living apart for more than two years due to marital discord, and evidence of this must be provided for at least two consecutive years.
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One party can divorce even if they do not return to China: They can file a lawsuit with the court in the defendant's domicile, and according to Article 147 of the Civil Procedure Law, a default judgment can be issued. The announcement of service is deemed to have been delivered after three months, and the entire process usually takes more than six months.
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To obtain custody rights, it is necessary to prove stable care conditions, a long-term custodial relationship, the other party's unfavorable circumstances, and the wishes of children aged eight or above. According to Articles 1084 and 1091 of the Civil Code, the innocent party may also claim damages simultaneously.
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The core criterion for custody rights is what is most beneficial to the minor children. According to Article 1084 of the Civil Code, it is the mother who should take care of the children under the age of two, and the children over the age of eight should be respected for their true wishes. The most crucial thing is the custody relationship formed through long-term and stable cohabitation.
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The other party's refusal to agree to a divorce does not affect the filing of a lawsuit. According to Article 1079 of the Civil Code, if the parties have been living apart for more than one year after the judgment refusing the divorce and file a lawsuit again, the divorce shall be granted. The lawyer can organize evidence of the breakdown of the marriage, apply for preservation, and design a strat...
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Foreign-related divorces typically involve higher legal fees than ordinary divorces due to procedures such as overseas service, translation and certification, and recognition of foreign judgments. However, if both parties are foreign nationals and have reached an agreement, the divorce can be settled through court mediation, which may not necessarily result in higher costs.
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If a spouse uses the couple's joint property to buy a house for a third party, the spouse can sue to invalidate the gift and demand the return of the property in accordance with Articles 1062 and 157 of the Civil Code. It is important to note that the statute of limitations for such lawsuits is three years, and the spouse can apply for property preservation. Henglue Law Firm will sort out the flow...
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The annual fee for corporate legal advisors is not standardized, with common fees ranging from tens of thousands to hundreds of thousands of yuan. Henglu Law Firm interprets the regulations on entrustment contracts, fee calculation models, and selection criteria, and provides a case study on debt recovery worth 649,212 yuan.
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For unpaid invoices, you can directly file a lawsuit with a three-year statute of limitations. The seller can sue in local courts. Henglue Law Firm will provide a detailed explanation of the evidence chain, property preservation, and enforcement, along with a successful case involving a 100,000 yuan debt recovery.
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