Frequently Asked Questions

24 2026-10

How is it calculated when an heir pays off debts within the limits of the inheritance?

The heir shall pay off the tax debt within the actual value of the inherited estate, and there is no legal obligation to pay off the excess amount; the process shall be to first evaluate the estate, then pay off the debt, and finally divide the estate, reserving the mandatory share. It is necessary to pay attention to the three-year statute of limitations and the burden of proof.

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24 2026-10

Who will repay the debts guaranteed by the deceased before his death?

The debt guaranteed by the decedent before his death belongs to his pre-death debts, and the heirs shall bear the liability within the actual value of the inherited estate; in the case of joint and several guarantees, the creditor can directly claim the debt; in the case of general guarantees, the creditor shall first enforce the debtor's property, and the heirs may recover the debt after paying o...

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24 2026-10

Under what circumstances can one apply for a change in custody rights?

To change the custody rights, the following legal circumstances must be met: the other party is seriously ill or disabled and unable to raise the child, the child is being abused, or the child who has reached the age of eight wishes to live with the other party, etc. If both parties agree, the change can be made through an agreement; if not, the change must be proven through litigation.

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24 2026-10

What is the standard for divorce damages compensation?

There is no unified or fixed standard for divorce damages. The court shall determine the amount based on the degree of fault and the local living standard, etc. The statutory circumstances include bigamy, cohabitation, domestic violence, etc. If the parties do not waive their rights in the divorce agreement, they can still claim damages separately.

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24 2026-10

How to apply for property preservation in divorce litigation?

In divorce litigation, parties can apply for property preservation during or before the lawsuit. In urgent cases, the court will make a ruling within 48 hours. Before applying for property preservation, the applicant must provide a guarantee, and the lawsuit must be filed within 30 days. If the property preservation is conducted incorrectly, the applicant shall bear compensation for the resulting ...

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24 2026-10

Can you represent me in the lawsuit if the other party doesn't agree to the divorce?

If the other party does not agree to the divorce, they can still entrust a lawyer to file a lawsuit, and the lawyer can handle the entire process on their behalf. If the marriage has truly broken down and mediation is ineffective, the court should grant the divorce. If the court rules against the divorce, and the couple lives apart for at least one year after the ruling before filing for divorce a...

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24 2026-10

What are the principles of dividing marital assets during a divorce?

The division of marital property shall be prioritized by agreement. If no agreement can be reached, the court shall make a judgment in accordance with the principles of taking care of the children, protecting the interests of the wife and the party without fault; and the party who conceals or transfers the joint property may be awarded a smaller share or no share at all.

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24 2026-10

Can I demand compensation for cheating during marriage?

During the marriage, if the spouse commits adultery and reaches the statutory level of fault such as bigamy or cohabitation with others, the innocent spouse may request compensation in accordance with Article 1091 of the Civil Code. In terms of property division, Article 1087 of the Civil Code stipulates that the innocent spouse shall be given preferential treatment.

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24 2026-10

How can a divorce litigation attorney help me collect evidence?

Divorce lawyers collect evidence based on the facts to be proven: they independently fix documentary evidence and electronic data, apply to the court to retrieve the other party's account and property information, and overseas evidence must be notarized and authenticated. The statutory divorce circumstances are described in Article 1079 of the Civil Code.

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24 2026-10

When a child is two years old, who gets custody in a divorce?

The child is two years old and the divorce has taken place. Generally, children under the age of two are directly raised by their mothers. For children over the age of two, the court will make a decision based on what is most beneficial to the minor child. For children over the age of eight, the court will respect their true wishes, in accordance with Article 1084 of the Civil Code.

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