Guangzhou Family & Matrimonial Lawyer

Under Article 1079 of the Civil Code, where one spouse requests a divorce, the relevant organization may conduct mediation, or the spouse may directly file a divorce lawsuit with the peoples court. The court shall conduct mediation when hearing a divorce case; if the relationship has truly broken down and mediation is ineffective, divorce shall be granted. Statutory grounds include bigamy or cohabitation with another person, domestic violence or abuse, gambling or drug addiction that persists despite repeated education, separation due to relationship breakdown for at least two years, and other circumstances causing the breakdown of the spousal relationship.

Upon divorce, the community property of the spouses shall be handled by mutual agreement; if agreement fails, the court shall make a judgment based on the specific circumstances of the property and in accordance with the principles of favoring the child, the woman, and the innocent party. Marital community property generally includes wages and labor remuneration, proceeds from production and operation, intellectual property rights, and inherited or gifted property (except where specified to belong to only one party by will or gift contract). Separate property remains with the individual.

After divorce, a child under two years of age shall, in principle, be directly raised by the mother. For a child who has reached two years of age, if the parents cannot reach an agreement on custody, the court shall make a judgment based on the specific circumstances of both parties, in accordance with the principle of the best interests of the minor child. If the child has reached eight years of age, the childs true wishes shall be respected. The court comprehensively considers both parents financial conditions, living environment, educational background, and time spent with the child.

Where one spouse hides, transfers, sells, destroys, or squanders marital community property, or forges marital debts in an attempt to embezzle the other partys property, that spouse may be allocated less or no share of the community property at the time of division. After divorce, if the other party discovers such conduct, they may file a lawsuit to request re-division. It is advisable to promptly retain a lawyer to preserve evidence through property preservation applications, bank record investigations, and real estate and vehicle registration inquiries.

An amicable (agreement-based) divorce means both spouses voluntarily divorce, sign a written divorce agreement, and apply for divorce registration with the marriage registration authority — subject to a 30-day cooling-off period. A litigated divorce means one party files a divorce lawsuit with the court, and the court mediates or adjudicates the divorce. The prerequisite for an amicable divorce is that both parties agree on all issues — divorce willingness, child custody, property division, and debt allocation.

When experiencing domestic violence, you should promptly call the police and keep police records, injury photos, medical records, and the perpetrators written guarantees as evidence. You may apply to the court for a personal safety protection order. Domestic violence is a statutory ground for divorce and an important basis for claiming divorce damages and child custody. It is advisable to promptly retain a lawyer to guide evidence collection and develop a rights-protection strategy.

The amount of child support may be determined based on the actual needs of the child, the financial capacity of both parents, and the actual local standard of living. For a parent with a fixed income, child support may generally be paid at a rate of 20% to 30% of their total monthly income. For two or more children, the proportion may be appropriately increased, but generally shall not exceed 50% of total monthly income. For a parent without fixed income, the amount may be determined based on annual total income or the average income of the same industry.

Yes. After divorce, both parents may agree to modify the child-rearing relationship; if agreement fails, either party may file a lawsuit for modification of custody. The court shall support modification under any of the following circumstances: the party cohabiting with the child is unable to continue raising the child due to serious illness or disability; the party cohabiting with the child fails to fulfill theirchild-rearing duties or abuses the child, or cohabitation is clearly detrimental to the childs physical and mental health; the child, having reached eight years of age, wishes to live with the other party who has the ability to raise the child; or otherlegitimate reasons justifying modification.