Situations where divorce lawyer’s engagement is necessary in China
(1) A situation where money is not a problem.
A lawyer is suggested to be hired if the attorney fee is not a problem regardless of the amount of controversy in dispute of the property or the complexity of the case, a lawyer is better to be there no matter how. If a lawyer is affordable, the client is suggested to hire one for not only speaking for the client in the court but also participating in the mediation process. A lawyer is always helping to solve the divorce problem.
(2) A situation where the case is complicated.
It is recommended to hire a lawyer if the divorce is a complicated one. Generally speaking, before filing a complaint to the competent court, there has been a long-time war between the parties. It’s understood that both parties have experienced a rather long process of self-struggle and negotiation process. Although some of the parties did not talk directly to each other about the option of divorce, both have experienced a long period of psychological repression. Trying to get a good result for themselves and to resolve the marriage problem is the goal for both parties. The clear of thoughts and pre-litigation preparation could work better with the assistance of a lawyer.
(3) A situation where the marriage law is not crystal clear.
In some cases of divorce, although the merits are simple, the law could be complicated, especially when there is no stipulation by the law for the handling of disputes. For handling of such cases, one needs to ask for a strong theoretical professional marriage lawyers to help, for example, there was a case where the wife purchased a house before marriage, the entire purchase price is 500,000RMB, the wife contributed 400,000RMB, while the husband has evidence that at the same time he also funded 100,000 RMB. At the time of the divorce proceedings, the market value of the house has risen to 1 million RMB. The house is under the name of the wife only, the husband claims: Although the house was bought by the wife before the marriage, but the man also contributed, the value-added part should be used as a joint property for the division. At present, the law of divisions of laws and regulations is not clearly defined. In such cases, although the merits are simple, the law could complex and it is worth with a lawyer’s assistance.
(4) A situation where mediation may be needed.
It’s said that 99% of the parties do not want to resort the family issue to court. If we can mediate through a lawyer, it will be possible for the lawyer to make every effort to resolve the controversy between the two parties without doing it in a hard way. According to statistics, there is only 10% success rate of mediation without a third party to participate. It is an opportunity for a lawyer to engage in a possible quick and smooth settlement.