Lawyer Diao Xing.
Love and hate in divorce, thousands of people, thousands of faces. Some people are resentful like enemies of life and death, but after the court, they are as sweet as honey; There are also people who respect each other like guests from time to time, and they vow not to give up if they don't kill each other after the court. However, in general, most people's behavior is still linked to the goal, and after all, it is still rational. However, there are also some people who are reckless when they become vindictive.
As soon as I got a divorce case, the vindictive performance of the other party can only be said to be nonsensical.
In the mediation stage of divorce litigation, in order to avoid entering a second lawsuit, our client is willing to give up a house, a huge amount of cash deposits controlled by the other party, and a huge debt of his parents, just for a quick divorce. If the other party does not agree, we will choose to make a judgment in accordance with the law in the second lawsuit.
Let's say the property is worth 2 million, the huge cash deposit is 2 million, and the debt is 3 million. We might as well sort out the changes in interests caused by such a scheme.
If the other party chooses to agree to the plan, then the other party's benefits are as follows:
1) The property that was originally to be divided in half belonged to himself, and the interest here was 1 million;
2) The huge deposit that was supposed to be divided in half belongs to himself, and the interest here is 1 million;
3) Avoid responding to new debt lawsuits and shield the legal risks of 3 million common debts.
The above interests are based on the premise that the other party agrees to the divorce, that is, the cost that the other party needs to pay is to agree to the dissolution of the marriage. However, it is worth mentioning that even if the other party does not agree to the divorce this time, after half a year, we can still file a divorce lawsuit again, and the second lawsuit is generally divorced. That is, the other party can get millions more benefits by agreeing to divorce one or two years earlier.
If the other party chooses not to agree to the plan, the parties will enter into a second divorce lawsuit. Let's see what's changed:
1) One more divorce lawsuit, and the divorce process will be extended for at least half a year;
2) In one more private lending lawsuit, the parents will file a private lending lawsuit claiming the joint debts of the husband and wife, and if the court determines that there is a joint debt, the other party needs to bear the joint debt;
3) The property is divided according to law, that is, the real estate and deposits conceded by the party will be divided in half according to law.
Through comparison, it is found that from a rational point of view, the other party can maximize the benefits by choosing this divorce. However, there is not simply reason in marriage, and sometimes emotion can be the dominant factor. For example, the party refused to accept the mediation plan on the grounds that even if he wanted to divorce, he should file the divorce himself, and it was too embarrassing to divorce as the defendant.
No matter what way of thinking we substitute for an individual's choice, it cannot replace his subjective will. Of course, not every divorced party can encounter the above mediation plan in the first divorce proceedings. However, what we need to go further is that when divorce becomes an inevitable result, we can be more rational, at least let our own interests be less damaged, and even that we can reasonably rehearse the other party's next move through rational thinking, so that we can avoid detours.
For example, for mediation in the first divorce proceedings, we need to think rationally about the following questions:
Issue. 1. Whether the other party's common way of thinking is rational or emotional. In the face of rational people, we bring more rational thinking; In the face of emotional people, we bring more emotional thinking, so that we can reasonably interpret the next step of the other party. We can also take action with the help of the other person's familiar way of thinking, so that we can quickly achieve our goals.
Issue. 2. Consideration of the cost and benefit concession of divorce. If the other party wants to divorce quickly, how many benefits are they willing to make? How much cost can this concession save us? Can the other side's concessions be equated with our sacrifices? This gives us a rough idea of whether or not we accept the other party's proposal.
To sum up, marriage is indeed a collection of sensibility and rationality, and we must not be hot-headed, impulsive, and make decisions that we regret.