Recently, Cai Kangmiao, Ye Jing lawyers jointly handled the divorce case, successfully help customers get a divorce judgment, the judgment at the same time to support each other to pay marital support, post-divorce maintenance, return the marital loan, the client's bank deposits need not be divided, and rejected the other party claimed to jointly assume more than one million yuan of joint debts of the husband and wife of the satisfactory results.
I. After three times of prosecution, and finally succeeded in the judgment of divorce
In January 2024, the client Ms. W and the man on the divorce matters of negotiation without results, so decided to entrust the case handling lawyers to undertake Ms. W and the man's divorce disputes, to assist the client to the court to sue for divorce. Ms. W is a Beijing household registration, the man is a provincial household registration.
After accepting Ms. W's request, the attorney in charge of the case quickly collected relevant evidence, wrote a civil lawsuit, and successfully filed a case in a district court in Beijing by retrieving the man's residence information in Beijing. The case was heard in a district court in Beijing, and throughout the trial, the man said he did not agree to divorce, and repeatedly emphasized in the trial that he demanded Ms. W and her to jointly bear the huge debt. 2024, August, the court of first instance ruled that the couple's relationship had not completely broken down, and there was still a possibility of reconciliation, so it did not agree to judge the client and the man divorced.
After six months of waiting, the client waited for the second opportunity to sue for divorce. And in these six months, because the two sides can not communicate normally, the client is not clear about the man's residence, the case lawyer through the access to the man's residence information found that, as of the date of access, the man's residence in Beijing is not continuous for one year, due to the man's negligence, the expiration of its residence permit is not timely for the endorsement of the man's residence committee also refused to issue a “proof of residence”. Due to the failure to obtain the evidence of the man's residence in Beijing for one year, a district court in Beijing, the court did not agree to accept the client's second lawsuit, and asked the client to go to the man's domicile to prosecute.
Have no choice, the case lawyer can only submit the prosecution materials to the male domicile of a court in Liaoning. After the success of the case, the lawyer and the judge repeatedly communicate, explaining the case of both parties live in Beijing for a long time, from the convenience of the parties to participate in the litigation point of view, hope that the case can be heard in Beijing court, but also to save the party's economic pressure and time cost. After many communications, the judge finally agreed to pressure the other party to provide the rental contract and rent payment records in Beijing. After obtaining the above materials, the attorney in charge of the case applied for a Certificate of Residence from the neighborhood committee of the man's place of residence, and successfully assisted the client in filing a second divorce case in a Beijing court in May 2025, and the attorney in charge of the case also withdrew the case from a court in Liaoning.
Second, the other party still does not agree to divorce, fight for custody and property, lawyers go all out to speak with evidence
The second prosecution hearing, the man still does not agree to divorce, determined to fight for child custody, do not recognize the client has a marital loan, not only that also claimed that there are more than one million yuan of joint debts need to be jointly borne by the client.
In view of the client's child is less than five years old, we provide a large number of children and the client living together, close relationship, inseparable evidence. The supreme people's court on the application of the civil code of the People's Republic of China “marriage and family” interpretation (a) “although again stipulated” marital loans "but in practice, in view of the husband and wife marital property belongs to the common common, the court supported the case less, the client holds the man issued a loan note claiming that lent to the man 200,000 yuan, but the funds are not a one-time transfer. This case, the client holds a loan note issued by the man claimed to lend the man 20 million yuan, but the funds are not a one-time transfer, but the man with the client's credit card loans, the client to pay back the credit card every month lending to the man. Therefore, the attorney in charge of the case will be the client's multiple bank card repayment information and years of repayment records to be counted, and finally calculated the amount of money lent by the client to the man. In the tight organization of evidence, the man recognized the amount of money lent, but claimed that the loan was coerced to sign, but did not submit relevant evidence to support. In this case, the client is most concerned about the huge amount of debt will be recognized as a joint debt, the lawyer from the debt involves outsiders, the woman did not sign or recognize, the two sides have long been separated, the relevant benefits have not been used for the joint life of husband and wife and other perspectives to be defended. 2025, October, a court in Beijing to make a first-instance decision, child custody to the client, the man bears the separation during the period of marital and post-divorce maintenance, return to the marital and post-divorce maintenance. After the divorce maintenance, the return of the marital loan and dismissed the man's request to divide the joint debt, all in favor of our litigation request.
Guard the results of the first trial, and strive to maintain the original judgment in the second trial.
The male party to the first trial results are not convinced to appeal, the second trial, the male party and provide evidence to identify the joint debt of husband and wife. The court of second instance, after hearing that the court of first instance based on the facts of the case, the claims of both parties and the evidence, the treatment of joint property and debt of both parties is not inappropriate, so the court of second instance judgment to uphold the original judgment.
Postscript
At the end of 2025, the case finally came to a precious judgment of the second instance, and the day after Ms. W got the effective judgment of the second instance, she went to the police station with the judgment of the second instance to change the marital status on the household registration to: divorce. For her, the free status she had waited for two years should be recorded in the way she was used to!
The two-year divorce tug-of-war finally came to an end. In the face of lengthy divorce proceedings, Cai Kangmiao, Ye Jing team of lawyers by virtue of their professionalism, skillfully resolved the litigation “difficult”, do a good job of the client's psychological guidance and litigation guidance work, for the client and the legitimate child for the maximum economic rights and interests and get rid of the "back huge debt! and get rid of the “huge debt” burden and restart their lives.
