Frequently Asked Questions

30 2026-9

Do I need to hire a lawyer to change the custody arrangement?

To change the custody relationship, there must be statutory grounds, such as the other party suffering from a serious illness, failing to fulfill their obligations, or abusing their children. Hiring a lawyer can improve the quality of evidence collection and defense, but it cannot guarantee the outcome. It is recommended to first evaluate the statutory circumstances before making a decision.

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30 2026-9

How is the law applied in the case of marriage and divorce with foreigners?

When a Chinese citizen marries or divorces a foreigner, the law applicable to foreign-related civil relations shall be observed: for litigation divorce, the law of the forum, that is, Chinese law, shall apply; for agreement divorce, the law of the habitual residence or the nationality of the parties shall apply; and if both parties are foreigners with residences in China, China may exercise jurisd...

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30 2026-9

If I file for divorce due to domestic violence, can the court grant a divorce in one go?

When facing domestic violence and suing for divorce, if the evidence is sufficient and the mediation is unsuccessful, the court should grant the divorce; if the evidence is weak at first, the divorce may not be granted, and the couple needs to live apart for at least one year before suing again; it is recommended to report the case to the police for a medical examination and to apply for a protect...

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30 2026-9

What should I do if the other party won't let me see the child?

If the other party refuses to let you see the child, you can legally claim the right to visitation and apply for enforcement based on the divorce agreement or judgment. The court may impose fines or detention, but will not force the child to be with you. It is recommended to first collect evidence of the obstruction.

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29 2026-9

How to appeal against the first-instance judgment if you are not satisfied with it?

If you are not satisfied with the first-instance judgment, you can appeal within 15 days after the judgment is served, submit an appeal statement and pay the fees; the second-instance court will review the facts and errors in the application of the law, and the decision to change the judgment will depend on whether there was a wrong judgment in the first instance.

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29 2026-9

Do I still need to continue paying the monthly mortgage for the unfinished building even after the loan has been suspended?

For unfinished buildings, directly suspending loans may lead to lawsuits and risks of being added to the credit blacklist. Instead, buyers should seek to rescind the sales and loan contracts through legal proceedings to stop payments in accordance with the law, and protect their rights in accordance with Article 563 of the Civil Code and the interpretations issued by the Supreme People's Court.

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29 2026-9

How do lawyers in law firms choose their clients?

When choosing a lawyer, you should consider whether their expertise matches your needs, their qualifications, and the transparency of their fees. You should also verify their practicing license and their experience in similar cases. Be cautious of unrealistic promises of guaranteed victory, and make sure to sign a written contract that clearly defines the scope of authority and fees.

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29 2026-9

Is it illegal to charge high interest rates when lending money privately?

It's not necessarily illegal to borrow money at high interest rates from private individuals, but the interest exceeding the judicial protection cap (four times the LPR when the contract is established) will not be supported. The principal and legal interest must still be repaid, and if there is violent collection, you can report it to the police.

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29 2026-9

What should I do if my car insurance claim is rejected?

If the car insurance claim is rejected, the insured should require the insurance company to issue a written notice of rejection and review the exemption clauses. In accordance with Articles 23 and 24 of the Insurance Law, the insured should be informed of the time limit for verification and the reasons for the rejection. If no agreement can be reached through negotiation, the insured may file a co...

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29 2026-9

How to terminate the contract if a shop tenant defaults on the rent?

If a shop tenant defaults on the rent, the landlord may terminate the contract after giving a notice in accordance with Article 722 of the Civil Code. The termination of the contract takes effect upon the delivery of the notice. It is not advisable to evict the tenant directly. Instead, it is recommended to collect evidence and file a lawsuit to recover the rent.

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