Advice to withdraw the litigation because of probability to make peace

基本案情：

原被告双方2017年5月20日结婚，次年3月10日育有一女儿。由于被告期货生意失败，一家三口从大城市搬回被告农村老家生活。期间被告继续经营期货，受期货市场行情风险较大的影响，被告经常无故与原告争吵，导致原告带领女儿又回到城市生活。即使分居后，被告仍然通过微信与原告争吵，虽然被告声称其挣了很多钱，但很少支付女儿的抚养费。原告由于照顾幼女，无法正常上班，无稳定可靠收入来源，由此欠下亲友许多债务。原告因此起诉离婚并要求被告承担抚养费、共同债务，共同财产分配等，但原告对被告的财产信息一无所知。在诉讼期间，我们协助原告查询了被告所有的银行账户、股票账户、期货账户的余额及交易流水，除了了解到被告正在运作一个私募基金，未发现其他有价值的财产线索。但上述基金的管理费用要在将来的时间被告才可以结算，如果现在离婚，上述收益难以被认定为夫妻共同财产。通过诉讼期间，原被告进行了理性交流，原告离开被告的主要原因是被告无故与其争吵，在家中不给其讲话的机会，被告愿意对以前的行为进行纠正。

Basic case：

The plaintiff（hereinafter referred to as P) and the defendant (hereinafter referred to as D) married on May 20th 2017, they have a girl born on March 10th 2018. They moved from a big city to a rural because the business was bankrupt. D continued to engage a financial carrier in rural,  he always quarreled with P because of bad emotion resulted from higher risk（such as price of shares, futures, options uncertainty）of financial market  he entered into. P chose to leave D for a big city till the end of 2019 when she couldn’t tolerate the behavior of D and wanted to live peacefully with their girl.

Notwithstanding they live in different areas respectively, they always still quarrel through messages in telephone. D seldom paid the cultivation fee for their girl, nevertheless he often alleged that he had made a lot of money. P couldn’t engage a normal carrier so as to be very poor because of looking for the children and owed much debt for family life. P brought a litigation against D for dissolving marriage, distributing joint properties, bearing joint debt with D and right to cultivate the girl belonging to her though she hardly had any information about their couple joint properties.

During the period of the litigation, p investigated the bank deposit account, the stock exchange account, the futures trade account of D, analyzed the balances and transactions records, finally found D operating a private offering fund.

In the course of investigation of the court, the judge found that it was possible for them to get along with each other, and asked p whether she may withdraw the litigation if D promises some conditions. P answered she might do so if D should talk to her equally than like bosses talk to employees, pay cultivating fee normally, and dissolve the problem of primitive school entrance for their girl. D accepted her requests, so P recalled her litigation.

不利因素：

        1.被告名下没有任何可以执行的财产；

        2.被告当期运作一个私募基金，对基金的管理费六个月后才开始结算。

Unfavorable factors：

1.There’re no properties in D’s name to be executed for P.

2. The private offering fund doesn’t belong to D, D only will get some management fee through operating it in future.

抗辩思路：

        基于诉讼技巧和诉讼利益的角度分析，建议原告撤回起诉，具体理由如下：

        1.如果法院现在判决离婚，被告将来收到的运作基金管理费难以被认定为夫妻共同财产；

        2. 如果法院现在判决离婚，对婚姻存续期间共同财产的查询难度会非常大。

Coping strategies：

Based on the litigation technique and benefit, we supposed P to withdraw the litigation, specific reasons as flows：

 1.D will probably acquire benefits in future, if the court proclaims they’re devoice now, the earnings which D will acquire doesn’t belong to both of them than to D single.

2.It’ll be much more difficult to apply investigation order from courts to inquisit the other party’s properties after they dissolved marriage.

判决结果：

        原告撤回起诉，尽量和好挽回婚姻。

Judgement or consequence：

P withdraw the litigation for termination of their marriage.