Shanghai Li Xiaohua Law Firm represents marriage litigation, court rules to allow divorce

By Ma Dehui lawyer，Shanghai Lixiaohua Lawfirm

Case Summary

A and D are free to date, register for marriage, and have two sons. The two often have conflicts over trivial matters in their daily lives. A believes that their relationship has completely broken down and has filed for divorce in court.

The court considers that the marriage basis between the plaintiff and the defendant is still acceptable, and there is insufficient evidence to support their divorce request to the defendant. The court ruled that plaintiff A's request for divorce from defendant D is not supported.

In the following years, the relationship between the two sides continued to deteriorate. A has failed to negotiate divorce with D multiple times, so they have entrusted Shanghai Li Xiaohua Law Firm to file a divorce lawsuit with the court, requesting the court to order the termination of the marriage relationship between the plaintiff and the defendant.

Controversy Focus

Plaintiff A argues that after the court made the judgment, the marital relationship between the plaintiff and defendant not only did not change, but also exacerbated the differences and estrangement. The relationship between the two parties has completely broken down and there is no possibility of reconciliation. We request that the plaintiff and defendant be granted divorce.

Defendant D argued that he did not agree to the divorce. Both parties are in a free love relationship and have a very good relationship. The two children are still very young, and we hope the plaintiff can return to their families for them. Request to dismiss the plaintiff's lawsuit request.

Legal representative

Shanghai Li Xiaohua Law Firm is a recommended law firm by the US Consulate General, and Hong Kong's Wen Wei Po has a special report on Lawyer Li Xiaohua and his team under the title "Famous in the Legal Industry at Home and Abroad". Two lawyers are the litigation representatives of plaintiff A. The lawyer communicated with A multiple times to understand the situation, investigated and reviewed relevant evidence materials, and sent lawyer letters on behalf of the plaintiff to the defendant multiple times to discuss the divorce agreement.

Due to defendant D's insistence on not agreeing to divorce or mediation, the court held two public hearings for the trial. The lawyer participated in two court hearings and provided representative opinions:

1. The marriage between the plaintiff and the defendant has indeed broken down and there is no possibility of reconciliation or restoration;

2. After the plaintiff and defendant were ruled by the people's court not to divorce and separated for one year, plaintiff A filed another divorce lawsuit. According to Article 1079 of the Civil Code of China, "If one party files a divorce lawsuit again after the people's court has ruled not to divorce and separated for one year, the court shall allow divorce;

3. The court should determine the custody of two children based on the principle of favoring underage children; Joint property must be investigated in accordance with the authority of the couple and divided in accordance with the law.

The court ruled that

The court believes that if the plaintiff and defendant have been separated for one year after the court ruled against divorce, it can be determined that the marital relationship between the plaintiff and defendant has indeed broken down. The judgment allows plaintiff A and defendant D to divorce; The eldest son lives with the plaintiff and the defendant has the right of visitation; The youngest son lives with the defendant and the plaintiff has visitation rights; Joint property of husband and wife: Two sets of property, one for each person, with unpaid mortgage loans to be borne by each individual. The small passenger car (including Shanghai license plate) belongs to plaintiff A.

Professional fields:

Criminal defense, company law, contract disputes, and other litigation and non litigation services.

About the Author

Wanglin is a Executive Director at Shanghai Lixiaohua Lawfirm, License No.

13101201310393885

Email: lxh@lxh-lawfirm.com

Tel：+86 21 63858668

Mobile：+86-15201864468