Hangzhou Fuyang lawyer lawyers successfully the agent with the demand of mental compensation in divorce proceedings

Fuyang lawyerJiang Jianxin lawyer

Case synopsis:

A thousand island the Lakers, from online search to the lawyer's personal website, came to this institute, claims, from the Qiandao Lake to marry to Fuyang, but has not married, man B and others kept cohabitation. B in 2010 March to prosecute a divorce, the court does not grant divorce. In 2010 December, B again sued for divorce. A request by the agency, after investigation, understand the relevant situation, the lawyers received a commission, handling the case.

The case handling process:

We analyzed the court sent a copy of the case, the plaintiff indictment claims: that the man B a divorce, child support to the man, the woman pay 300 yuan monthly maintenance fees, the two sides without division of common property. We believe that the plaintiff B second Sue divorce, basically court will decide the feelings that have been broken, granting a divorce. The key problem is how to maintain the principal who is the defendant's legitimate rights and interests:

We believe that both husband and wife in marriage basically no common property (the investigation evidence collection, only the value of about 10000 Santana car) so to get compensation, only from the B and others kept cohabitation fault divorce perspective, claim compensation for mental solatium. After repeatedly asked, a thought of the man B maintained an ambiguous relationship between Wang had to report to the police station, said the plaintiff B as a result of emotional problems of stealing her mobile phone, the police station, B returned a mobile phone, there may be a police information, police can prove the man to keep information possible cohabitation relationships with others the facts. The lawyer immediately submitted to the court investigation evidence collection application.

The court trial results:

In the trial, the court mediation organization, we put the man and others kept cohabitation, mental solatium, but he denied, we asked the court to obtain police station records, the man to be silent, and the opposing lawyer consultation, said to be a certain mental compensation to the woman, the children return to the man raised, raised to adult, alimony by the bear, as compensation for the woman. Finally, the court mediation:

According to the Supreme People's court "certain provisions" on the application of summary procedures in the trial of civil cases the provisions of section fourteenth, in this case the court presided over the mediation, the parties reach the following agreement voluntarily:

The plaintiff and the defendant a, B a voluntary divorce;

Two, daughter by the plaintiff B raised to live independently check;

Three, allow the defendant a monthly visit daughter two times, every summer and winter vacation with raising a daughter again, visiting and curing time of the parties;

Four: the plaintiff to the defendant a B a one-time compensation 15000 yuan (court paid);

Their debt five, the original, the defendant responsible for liquidation.

The 300 yuan of case acceptance fee, by charging 150 yuan, the plaintiff B voluntary burden.

Both parties agreed to the contents of the agreement, since the two sides in the mediation agreement sign the record and fingerprinted that have the force of law.

The agreement, in accordance with the relevant legal provisions, the court for confirmation.

In this case, because we caught the other evidence, forcing the other to make compensation, so the cases be solved successfully.

                                              Fuyang lawyer Jiang Jianxin lawyer