How to write the litigation risk assessment of divorce cases?

First, beyond the limitation of action or retrospective limitation. It is embodied in the lawsuit that the coerced party exercises the right to dissolve the marriage and the case of injury caused by domestic violence. The statute of limitations for revoking marriage is one year; If the harm caused by domestic violence is minor and does not constitute a crime, the provisions of the civil law shall apply, that is, one year. If the harm caused by domestic violence is serious and constitutes a crime, or if there is a criminal act of abandonment, abuse or violent interference with freedom of marriage, the provisions of the Criminal Law shall be applied retrospectively. One of the reasons for this situation is that the client does not understand the relevant provisions of the law and does not exercise his rights in time; Secondly, when accepting the entrustment, the lawyer did not carefully examine, did not seriously understand the case, or unilaterally listened to the statements of the parties, did not ask them to provide sufficient evidence or even hastily filed a case.

Second, the risk of proof failure. The main reason for this risk is the customer. First, the client is a victim of domestic violence, but he did not see a doctor in time, take photos of the injury and fix the evidence; Second, the client is the innocent party in the divorce case, but he has not obtained the evidence that the guilty party is at fault, so he cannot claim compensation. This situation is very common. In most divorce cases, it is difficult to obtain evidence that one party is living together illegally with others, it is difficult to find witnesses, and there are few other evidences. Third, the client wants to sue his spouse for bigamy and has not obtained enough evidence to prove the defendant's criminal behavior. Due to the lawyer's reasons, the main reason why the evidence can't be given is that the client can't collect the evidence himself, but the lawyer can collect the evidence according to law, but the lawyer can't collect it in time according to law, which leads to the inability to give evidence. Another is that witnesses can't appear in court, which makes it impossible to give evidence.

Third, submit evidence beyond the time limit for adducing evidence. One of the main reasons for the delay in giving evidence is that the client failed to provide evidence materials in time, and the other is the negligence of the responsible lawyer and forgot the time limit for giving evidence. Third, the lawyer took too long to collect evidence on his own, and did not apply to the court in time to extend the time limit for adducing evidence, which led to the time limit for adducing evidence when the obtained evidence was obtained.

Fourth, the risk of excessive attorney fees. The main reason is that the amount claimed by the innocent party in the divorce case is too high, which can not be supported by the court decision, but it has to pay quite high legal fees and attorney fees.

Fifth, the risk of losing the case due to the wrong nature of the case. This is mainly to identify the nature of bigamy and illegal cohabitation between a spouse and others. If the evidence is insufficient, I will tell you that it is bigamy. After the trial, the other party will not be subject to criminal punishment, which means I have to bear the risk of losing the case.

Sixth, criminal incidental civil action does not include the risk of mental damage compensation. To be exact, this is a blank in the protection of the rights of victims in criminal cases in China's legislation and judicial interpretation. In criminal cases involving marriage and family, such criminal acts as bigamy, intentional injury (slight or serious injury caused by domestic violence), maltreatment, abandonment and violent interference with freedom of marriage not only violate the criminal law, but also violate the personal rights of the victims, especially their mental loss and pain. However, the criminal incidental civil action does not include compensation for mental damage, and the law stipulates that compensation for mental damage can no longer be filed separately, which makes the victim's violated rights unable to be guaranteed.