Which law firm specializes in divorce cases?

Hello, Hubei Zhenghe Law Firm's professional marriage and family dispute lawyer team will answer for you:

1. Divorce is divided into divorce by agreement and divorce by litigation, in this case, it is recommended that both parties negotiate first, and it is of course best to reach an agreement on divorce and the child's real estate, and if you cannot negotiate, you can file a lawsuit with the people's court;

2. First of all, as to whether divorce is possible, according to Article 32 of the Marriage Law, divorce shall be granted if there is domestic violence or abuse of family members, as well as bad habits such as gambling and drug abuse. According to your description, the husband is an alcoholic and easy to beat others after drinking, which constitutes domestic violence and should be granted a divorce;

3. Regarding the property and child support, the property should be your joint property and should be divided. As for the issue of child support, because most of the children follow you and the man has alcoholism and domestic violence, according to Article 3 of the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts, it should be awarded to you for custody from the perspective of the most beneficial rights and interests of the children;

4. In addition, in the divorce proceedings, you can also claim divorce damages, and according to Article 46, Paragraph 3 of the Marriage Law, you are not at fault and can claim divorce damages from the party who has committed domestic violence.

We hope you find it helpful, and if you are not sure, please come to the firm.

1. Division of property in divorce.

The division of divorce property refers to the division of the joint property of the husband and wife at the time of divorce, which refers to the division of the joint property of the husband and wife into their respective personal property in accordance with the law at the time of divorce. Articles 17 to 19 of the current Marriage Law specify that the joint property of the husband and wife is the property acquired during the existence of the relationship between the husband and wife, and stipulates the content of the joint property of the husband and wife in the form of enumeration and generalization. At the time of divorce, if the parties have an agreement on lawful marital property, the agreement shall be followed.

The property unique to one party shall be owned by the party. The joint property of husband and wife shall generally be divided equally, and may not be equal when necessary, and where there is a dispute, the people's court shall make a judgment in accordance with law.

2. Dissatisfaction with the division of property in the first-instance divorce.

The ownership and division of property is related to the nature of the property. Generally, the personal property before marriage belongs to the individual, and the joint property of the husband and wife is jointly divided. When dividing the joint property of the husband and wife, the man and woman shall first negotiate and settle the matter, come up with a plan for the division of property, and then the court shall review and confirm it; If the man and woman cannot resolve the matter through negotiation, the court will first propose a division plan so that the man and woman can reach an agreement on the division of property on the basis of mutual understanding and mutual concession.

If a mediation agreement is still not reached, a judgment will be made in accordance with law. The court will follow the following principles when dividing property:

1. The principle of respecting the wishes of the parties. When dividing the joint property of husband and wife, the true and lawful wishes of both husband and wife shall be respected.

2. The principle of equality between men and women.

3. Take care of the principle of the innocent party. In divorce cases arising from acts such as bigamy, adultery, abuse, or violence against the other party and their relatives, due consideration should be given to the innocent party when dividing the joint property of the husband and wife.

4. The principle of taking care of the interests of the woman and the children.

5. The principle of conducive to production and convenient life.

6. The principle of not harming the interests of the state, the collective and others.

How to divide the specific division and how much each party divides must be determined according to the specific property situation.

To find a lawyer in a divorce lawsuit, you can go to a law firm, or you can contact a lawyer on various self-leading platforms. When looking for a lawyer, you should pay attention to the following points: 1. To verify whether the lawyer has the corresponding practice qualification certificate, etc., you can go to the law firm for verification, or you can call the ** of the local bar association for consultation.

2. To conduct an interview, it is best to go to a law firm, and only when you go to a law firm can you understand the authenticity of the law firm and avoid being deceived by the other party. 3. According to their own case situation, they should find a lawyer with professional experience in this type of case, there are many classifications of cases, and the types of cases that each lawyer receives are not exactly the same. For example, some lawyers are good at marriage and family cases, and some lawyers are good at criminal cases.

4. Try to put the conditions agreed by both parties in writing, and find a law firm to sign a legal and effective written contract, with which there is a reasonable and standardized basis for behavior and a guarantee of service.

Article 28 of the Lawyers Law of the People's Republic of China: Lawyers may engage in the following business: (1) Accepting the retention of natural persons, legal persons, or other organizations to serve as legal advisers; (2) Accept the entrustment of the parties to civil or administrative cases, serve as ** persons, and participate in litigation; (3) Accept the retention of a criminal suspect or defendant in a criminal case, or accept the appointment of a legal aid institution in accordance with law, to serve as a defender, accept the retention of a private prosecutor in a private prosecution case, a victim of a public prosecution case, or their close relatives, to serve as a ** person, and participate in litigation; (4) Accepting entrustment, ** appeals in various litigation cases; (5) Accepting entrustment and participating in mediation and arbitration activities; (6) Accepting representations to provide non-litigation legal services; (7) Answering inquiries about the law, litigation documents and other documents related to legal affairs.

Legal Analysis: This is to be chosen according to your own needs. Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Legal analysis: Both parties to a divorce by agreement can voluntarily receive a divorce directly and cautiously to the Ministry of Civil Affairs for divorce, and they need to bring a divorce agreement to search for a proposal. Divorce can go directly to the civil affairs department to go through the relevant procedures, and there is no need to go through a law firm.

Mainland residents who have registered their divorce in accordance with the Regulations of the People's Republic of China on Marriage Registration shall present the following documents and supporting materials: their household registration booklet and identity card; Marriage certificate of the applicant; A divorce agreement signed by both parties. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.

Legal basis: Article 12 of the "Regulations of the People's Republic of China on Marriage Registration" provides that if the parties to the divorce registration have any of the following circumstances, the marriage registration office shall not accept the application: (1) the divorce agreement has not been reached; (2) They are persons with no or limited capacity for civil conduct; (3) The marriage registration was not handled in Chinese mainland.