Lu Yun sat on the couch in the lawyer's office, staring at the divorce agreement and court summons in front of him. Five years ago, she thought that signing the agreement would give her a fresh start and a chance to get rid of her marital troubles. However, the reality disappointed her deeply.
Recalling the original night, the pain in Lu Yun's heart was once again aroused. That night, she looked at her sleeping husband and endured endless grievances and anger. Once, Lu Yun gave up his career for him, disagreed with his parents, and became a full-time wife. Her expectation and trust in Ye Rui once burned like a flame, but now there is only a trace of ashes and indifference left.
Lu Yun raised his head and looked at the lawyer sitting opposite. She hoped that the smart lawyer would give her some advice and help.
The lawyer first read the agreement and the summons, and then pondered: "According to the agreement, Ye Rui should pay the moral damages on time. However, the implementation of the protocol requires the corresponding evidence. Have you gathered evidence that he tolerated and carried out the harm done to you, resulting in you being mentally harmed? ”
Lu Yun remembered that when he made up his mind to divorce, he collected some evidence of his cheating. But those evidences don't seem to prove that her spirit was damaged, but only prove Ye Rui's betrayal.
Seeing this, the lawyer frowned slightly, and after thinking for a moment, he said: "In addition to the moral damage fee, you can also consider asking for liquidated damages to compensate for the losses caused by his failure to perform his obligations in accordance with the agreement. ”
Lu Yun's eyes fell on the date on the court summons opposite, and she once again decided to fight for her rights. She is no longer willing to be silent and patient, she has to hold Ye Rui responsible for his betrayal and injury.
When Lu Yun returned home, he decided to recollect evidence and discuss more strategies with his lawyer. She rummaged through the cabinets, hoping to find the evidence that was decisive for Ye Rui's accusations. However, she is not a person who is good at hiding, and Ye Rui quickly sensed Lu Yun's actions.
A week later, Lu Yun received a letter from his lawyer, in which he said that Ye Rui had filed a counterclaim, asking for an adjustment of the amount of child support and applying for child custody. Lu Yun was shocked and angry, she didn't understand why Ye Rui was so shameless and dared to countersue.
In the courtroom, the battle between Lu Yun and Ye Rui became fierce and vicious. The parties argued about each other's irresponsible and wrongdoing, and the judge worked diligently to mediate and weigh the interests of both parties. After several rounds of arguments and out-of-court mediation, the judge rendered a final verdict.
Lu Yun was given custody of the children and was granted ownership of the farm. However, the claim for moral damages was denied, and the judge ruled that Ye Rui only needed to pay child support on time.
This result is not perfect for Lu Yun, but at least she protects her rights and interests and the interests of her children. She understands that the court's verdict is just a result, and she needs to continue to face and deal with her life.
Life is like a drama, and she plays a brave and strong heroine in this story. Picking up the legal opinion given to her by her lawyer, she began to notice some legal provisions that might help her defend her rights.
Aunt Ma's point of view:
1.Lu Yun's decision was correct, she chose to divorce after discovering her husband's betrayal in order to protect her own rights and interests and that of her daughter. She gave up her career for the sake of her family, but her husband did not value her efforts. Through divorce, she can start over, find someone who is really good to her, and give her daughter a better family environment.
2.Lu Yun's demand and recovery of moral damages are reasonable, and she has endured the betrayal and injury of her husband in her marriage, and has suffered great pain and blow mentally. The husband did not fulfill his responsibilities according to the agreement, which was a further harm to Lu Yun. She should be paid for moral damages to make up for her loss.
Uncle Jiang's point of view:
1.Lu Yun was too excited and impulsive to choose a divorce, and the requirements for Ye Rui in the agreement were too harsh. Although her husband betrayed her, she dealt with it too harshly, which had a negative impact on their family relationship and the daughter's upbringing.
2.Lu Yun's recovery of moral damages after the divorce was excessive, she had already received child support payments on time, and the house was also owned by her. The husband's current financial difficulties and inability to pay for moral damages do not mean that he has no remorse or guilt towards Lu Yun. Taking him to court will only deepen the conflict between them, and will not benefit either of them or their daughter.
Legal Opinions:1According to article 36 of the Marriage Act, the parties to a marriage have the right to hold each other liable for moral damages, provided that they provide conclusive evidence to prove that they have suffered moral damages.
2.According to article 32 of the Marriage Law, the parties still have custody rights after divorce, but it needs to be judged according to the specific circumstances and conditions of the children.
3.According to article 38 of the Marriage Law, in the event of divorce, the division of property can be carried out according to the actual situation and agreement of the parties.
4.According to Article 49 of the Contract Law, when one party violates the contract and fails to pay the expenses, the other party has the right to claim liquidated damages for compensation.
5.According to Article 23 of the Detailed Rules for the Implementation of the Divorce Law, child support should be negotiated and determined based on the income of both parties and other actual circumstances.
Lu Yun understands that while the law does not completely solve her problems and pains, it provides her with a way to seek justice and justice. She decided to continue working with attorneys to fight for a better life for herself and her children's future. Under the protection of the law, she believes that she will come out of the gloom and welcome new hope and happiness.