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Several Misunderstandings in Divorce Case

  • Time:2018-01-05
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Several Misunderstandings in Divorce Case
1.I can get more if I can prove the other party has committed adultery
There is no connection between community property division and adultery with another unless you can prove cohabitation with another or bigamy. Neither cohabitation with another, nor bigamy is easy to prove, cohabitation means two people living together as if there are husband and wife. Living together for a few days or occasionally does not constitute cohabitation.
2.If the other party does not agree to divorce, the court will rule divorce if I file for divorce
Without statute condition satisfied, it’s highly unlikely that the court would decide divorce if the other party does not agree to divorce. The statutory conditions include bigamy, cohabitation with another, domestic violence, abandonment of family member, separation for more than two years due to lack of mutual affections. Therefore, it’s not easy for a court to rule divorce, it’s not right to take it for granted that court will rule divorce if you file the complaint.
3.The proceeding could be completed in short time
Generally speaking, the first instance can last up to 6 months and the second instance could last for 3 months, it could be 9 months for the case to be closed. The proceeding cannot be over so soon, so don’t count on the court to finish the divorce case very soon. 
4.  The divorce agreement is enforceable in the later divorce proceeding
According to Chinese law on divorce, since the effectiveness of divorce agreement is conditioned on the completion of divorce procedure, the terms of divorce agreement cannot be forced against the other party if the divorce procedure is not actually completed.
5.The court and the lawyer will find out if the other party transfer the community property secretly
Some of the transference activities of property can be investigated, but not all the activities. Even the police may not be able to monitor all activities of people, not to mention the court for a civil case.
6.If we separate for 2 years, the court will rule divorce
There are some requirements to meet to constitute a legal separation: the reason for separation must be a lack of mutual affections, the separation shall be physical separation where two parties shall not live in one house (not just separated rooms); the separation shall be continuous.
7. I shall own half of the house since I paid half of the price, though the house was purchased before the marriage registration
Unless your name is registered on the certificate of ownership with half share, the payment for the house before the marriage could only be recognized as a loan or even a gift.
8.I shall be the custodian of the child since I am the mother
Unless the child is under the age of 2 and there is no adverse factor where the mother is not suitable for living with the child, the mother is not certainly the custodian of the child. The rule for deciding who shall be the better custodian is the party who is more suitable for living with the child. If a party has an infectious disease, mental disease,  unstable income, bad habit (such as gambling, drug use) for example, such party would be forbidden to be the custodian
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