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Domestic Violence Divorce: Safe Separation and Child Support via Media…

2026-05-08

1. Facts and Background

During the marriage, Client A (the plaintiff) had suffered physical and mental harm from repeated violence by the spouse, B (the defendant), and decided to bring an action for divorce for the safety and healthy development of the children. Client A felt fear of any direct contact with B and concern about her economic independence after divorce — particularly the securing of child support. Given that the joint marital assets were limited and that little economic benefit could realistically be expected from the division of marital property, the securing of child support was the principal issue capable of determining the outcome.

2. Key Legal Issues

The main issues were: (i) how to organize and demonstrate, in a systematic manner, that the marital breakdown was the result not of ordinary marital conflict but of repeated violence, and how to design the procedural approach so that Client A could safely participate in the mediation process; (ii) how to analyze precisely B's level of income, potential earning capacity, and the children's age-specific educational costs, so as to present a realistic and specific child-support calculation; and (iii) given the limited divisible assets, how to construct the mediation proposal in such a way as to focus B's attention on the child-support obligation and encourage cooperation.

3. Implementation and Outcome

LKP (i) systematically organized the circumstances of the domestic-violence harm suffered by Client A to clarify the allocation of fault for the marital breakdown, and gave priority to managing the procedural conduct of the mediation so that Client A would not feel under psychological pressure; (ii) precisely analyzed B's level of income, potential earning capacity, and the children's age-specific educational costs, and presented a realistic and specific child-support calculation; and (iii) given the limited divisible assets, constructed and steered the mediation proposal to focus B on the child-support obligation, maximizing Client A's practical economic interests. The matter was concluded by mediation: Client A was safely separated from B in legal and physical terms and obtained a level of child support sufficient to raise the children with stability, establishing a foundation for a new daily life. The case shows the design of a child-support-centered negotiation strategy where the divisible assets are limited.

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