It's not mandatory to hire a lawyer when filing a custody lawsuit, but the burden of proof and procedural requirements are high. The core evidence shows that it's more beneficial for the child to be raised by the parent who files the lawsuit. It is recommended to consult a lawyer as soon as possible in complex situations.
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Family law consulting firms usually charge fees, while public legal platforms and those who meet the requirements can receive free legal aid according to the Law on Legal Aid. It is recommended to first seek preliminary consultation and then entrust a lawyer or apply for legal aid based on the actual situation.
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Whether divorce lawyers provide free consultations depends on the law firm's policies. Some offer limited free initial consultations, while charging fees for in-depth analysis. Commissioned representation is subject to separate fees, and the charges must be clearly specified in writing.
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Changing the custody relationship requires legal grounds, such as the custodian being seriously ill, failing to fulfill their obligations, or abusing the children; the plaintiff should provide evidence of circumstances that are detrimental to the children, and the case shall be tried in accordance with Article 56 of the Judicial Interpretation.
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The non-litigation services of marriage and family lawyers include pre-marital/marital property agreements, drafting divorce agreements, wills and inheritance planning, arrangements for child support and wealth inheritance, etc. The focus is on preventing disputes.
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When choosing a divorce lawyer, you should consider their professional expertise, verifiable qualifications, and genuine case records. Verify their practicing license and experience in similar cases. Be cautious of unrealistic promises of guaranteed victory, and sign a written contract to clarify the fees and responsibilities.
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A prenuptial agreement is made before marriage, and a marital property agreement is made during the marriage. Both agreements must be in writing and take effect in accordance with Article 1065 of the Civil Code, with each serving a different purpose.
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Generally, disputes over child custody rights in different places are sued at the defendant's domicile or habitual residence; only in cases of statutory exceptions such as the defendant's whereabouts being unknown, can the lawsuit be filed in the plaintiff's jurisdiction. It is recommended to first confirm the jurisdiction of the court.
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Before marriage, premarital assets belong to each spouse separately during a divorce, but they may be transformed if the couple repays the loan together, merges their accounts, or adds each other's names to the account; according to Article 1063 of the Civil Code, it is recommended to keep the acquisition certificates and maintain the separation of assets.
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A prenuptial agreement is valid even if it is not notarized, as long as it is genuine and legal, it will be binding on both parties. Notarization enhances the evidentiary effect but is not a prerequisite for its validity. It is recommended to sign a written agreement and keep the ownership certificates.
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The alimony can be offset by the house, but this requires a written agreement between the two parties and must not harm the interests of the children. According to Article 1085 of the Civil Code, it is difficult to obtain support for unilateral offsetting of alimony with a house, and it is recommended to include it in the mediation agreement to formalize it.
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If sued for divorce, the defendant shall submit a defense statement within 15 days, responding to each item regarding the breakdown of the marriage, child custody, and property division; the defense statement must state whether the defendant agrees to the divorce and the factual reasons, and may refer to the opinions of professional lawyers for reference.
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The pre-marital property agreement should specify in writing the property information, the source of the investment, the ownership of the property, and the sharing of loan repayment after marriage. It is binding on both parties according to Article 1065 of the Civil Code. It is recommended to keep the investment certificates and, if necessary, have them drafted and reviewed by a professional lawye...
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If the other party refuses to pay child support, you can first negotiate with them. If the negotiation fails, you can file a lawsuit in accordance with Article 1085 of the Civil Code, and after the judgment, you can apply for enforcement. If they refuse to pay, they may be listed as a person of bad faith and be detained.
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After the custody judgment takes effect, it can be changed according to law. According to Article 56 of the Interpretation of the Marriage and Family Code, if there are circumstances such as abuse, failure to fulfill custody obligations, or children over the age of eight wishing to live with the other party, a request for a change can be filed.
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