On a weekend night, a distant cousin messaged me that one of her best friend husbands had cheated on her, that she wanted a divorce, knew I was a lawyer, wanted to consult me, and asked me to give me a contact detail. I pushed WeChat to her a few days later when I received a friend application. Just a few minutes after passing, the voice phone dialed, and I answered it, only to hear an excited female voice on the other end of the phone, her voice was very loud, full of dialects and thick, it didn't sound like a woman in her early thirties, but like a big mother in her fifties. Before I could be polite, she began to describe her misfortune to me as if she were grasping for a life-saving straw.
"My husband cheated on him, looked for Xiao San outside, and he cheated more than once, the first time he cheated I forgave him, I didn't expect that he cheated again, and he also had a child with Xiao San."
"I really can't stand it, we have two children, the eldest is in junior high school, the second is not yet two years old, both are sons, he treats me like this, what should I do, I want to divorce." 」
Under normal circumstances, if the client indicates that he wants to divorce, the lawyer will briefly introduce him to the legal route of divorce. After introducing her, I asked them in detail about their property status.
"We have a house, my name written on it, and the mortgage that hasn't been paid. My husband used to be a small business, lost money, I also gave him a loan of 200,000, and he also had debts outside. ”
I helped her to briefly analyze the legal nature of these property debts, and she seemed to understand, but the tone was still full of concern.
"My husband wants to sell the house to pay off the debt, I don't agree, this house is my last guarantee, no matter what, I have to keep the house." The child can be sentenced to my husband, but I come to take care of the child, the child is too small, who will take me is not at ease, my husband is not reliable, I am not at ease to give the child to him to raise. ”
I explained to her the issue of child custody in divorce and told her that the party without custody was required by law to pay maintenance, and that this arrangement was more burdensome for herself. I advise her to do her best to fight for custody.
"It's too difficult, my mother's family doesn't support my divorce, my mother died early, and my father remarried." After I got married, I didn't work anymore, my youngest son was too young, he was divorced and no one brought me, and I couldn't go out to work with him."
Speaking of this, she couldn't help but sob. I sympathized with her plight, but I could only advise her on the legal level that would be most beneficial to her, so I recommended her to the better divorce lawyer I knew in my hometown, and ended the conversation with some comfort. I didn't say anything more, after all, in the face of the real dilemma she encountered, all the suggestions seemed powerless, and the only thing that could break the deadlock was her own courage to break the blood.
About half a month later, I saw the circle of friends she sent, two children around her making dumplings, the eldest son took the initiative to help her share, she was very happy. Later, I also saw her in the circle of friends every three or five minutes, calm and peaceful. I understand that she probably gave up the option of divorce for the time being, after all, it is always easier to settle for the status quo and maintain the apparent calm than to fight, but how long can this calm be maintained? None of us know the answer.
(In order to protect the privacy of the parties, some of the information in the article has been processed)
I am lawyer Wen Zhuo, a legal person with temperature, coordinates Xi'an, welcome to consult [handshake]