How can I divorce if the other party refuses to return to China?

If no agreement can be reached, the couple can file for divorce through litigation, which will be heard by a court with jurisdiction in China.

Can the second lawsuit lead to a divorce judgment?

After the court refuses to grant a divorce, if the couple separates again and files for divorce after one year, the court will generally grant the divorce, the key point being the evidence provided.

If the woman blocks the man and he can't contact her, can they get a divorce?

Yes, if the parties can provide evidence such as separation agreements and communication records to prove that their relationship has broken down, the hearing can be conducted in their absence or through a public announcement.

Does not claiming custody rights affect the divorce judgment?

It doesn't matter. The custody rights can be negotiated separately or dealt with subsequently.

What evidence is required for a cross-border divorce?

The marriage certificate, separation certificate, communication records, immigration records, etc. form a chain of evidence.

Foreign-related divorce successfully granted divorce judgment｜Beijing Henglu Law Firm's lawyer Xiong Binrong assisted the man in filing a second lawsuit to obtain a divorce judgment

[Case Summary]This case involves a divorce dispute. Liu Gang and Li Lina have been separated for many years. The woman, who is currently living abroad, refuses to return to China to cooperate with the divorce process and has blocked the man on social media. His first lawsuit was dismissed. Liu Gang has now entrusted Beijing Henglu Law Firm to handle the case for him.Xiong BinrongThe lawyer filed a second lawsuit, submitting evidence such as WeChat messages, text messages, emails, and immigration records to prove that the marriage had broken down. The Shunyi District Court of Beijing ruled in favor of the divorce. The applicable legal principle is the provision of the Civil Code that stipulates that if the marital relationship between the couple has broken down and they have been living apart for more than a year, the court shall grant the divorce.

I. Review of the Case Facts

Foreign-related divorce cases often involve searches for answers to questions like "How to divorce if the other party refuses to return to China", "Can a second lawsuit lead to a divorce", and "Can a divorce be granted if the woman blocks all contact and cannot be reached". Liu Gang and Li Lina started dating in 2009, registered their marriage in Beijing in 2012, and had a daughter named Xiaoli in 2015. They later moved to the United States to live and had a son named Xiaozhe in 2020. In June 2020, the couple separated, and in July 2022, Liu Gang returned to China, but their relationship remained unresolved. They had previously reached a divorce agreement, but Li Lina refused to return to China to cooperate and blocked all contact with Liu Gang.

In July 2023, Liu Gang filed a lawsuit for the first time, but Li Lina did not appear in court. The court ruled that the marriage had not completely broken down and dismissed the case. Liu Gang then appointed a lawyer to handle the case on his behalf.Xiong BinrongThe lawyer filed a second divorce lawsuit. The lawyer submitted screenshots of WeChat, text messages, emails, and immigration records to prove that the couple had been separated for many years, that Li Linna refused to communicate and cut off contact with their children, and that there was no possibility of reconciling their relationship. The man was not at fault and did not claim custody rights for the time being, but would continue to pay child support.

II. The focus of the case

Focus 1: Whether the marital relationship between the couple has indeed broken down.After being separated for many years, if the woman refuses to communicate, can this be considered a marital breakdown?
Focus 2: How to increase the probability of obtaining a divorce judgment in a second lawsuit.The chain of evidence and strategic arrangements.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Liu Gang) alleged that:The two sides have been separated for many years. Li Lina refuses to return to China to cooperate with the court and has blocked the other party on social media. It is clear that their relationship has broken down, so she requests a divorce judgment. She does not claim custody of the two children for the time being and is willing to continue paying child support.

The defendant (Li Lina) argued that:He failed to appear in court to respond to the charges and had previously refused to communicate or cooperate with the authorities.

Hengluo Lawyer's Agency Opinion:Xiong BinrongThe lawyer had an in-depth communication with Liu Gang to formulate a strategy, and submitted the "Divorce Agreement", screenshots of WeChat messages and emails, and immigration records to prove that Liu Gang left most of his property before returning to China because Li Lina agreed to divorce by agreement, that the couple has been living apart since June 2020, and that Li Lina refuses to communicate with him. The lawyer pointed out that after the court ruled against the divorce, the couple has been living apart for more than a year, so the court should legally grant the divorce; the man is not at fault, but the woman has blocked the children's communication, and there is no possibility of reconciling their relationship.

IV. Outcome of the case

Xiong BinrongThe lawyer provided sufficient evidence to prove that the couple's marital relationship had indeed broken down, and actively communicated and coordinated with the court. In the end, the People's Court of Shunyi District, Beijing City ruled to grant Liu Gang and Li Lina a divorce. Liu Gang was not at fault in the marriage. The woman blocked his communication with the children, and the marital relationship between the two had no possibility of recovery. After submitting complete evidence for the second time, the divorce was successfully granted.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmXiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as an agent. For divorce cases where the other party refuses to return to China or cooperate, litigation can be used to resolve the matter; the key to obtaining a divorce judgment in the second lawsuit lies in providing comprehensive evidence to prove the breakdown of the marriage (such as separation, communication records, immigration records, etc.). When facing cross-border divorce challenges, it is recommended to entrust a professional attorney to prepare the case systematically.

VI. Common Questions about Divorce Disputes - FAQ

Q: How can I divorce if the other party refuses to return to China?
A:If no agreement can be reached, the couple can file for divorce through litigation, which will be heard by a court with jurisdiction in China.
Q: Can the second lawsuit lead to a divorce judgment?
A:After the court refuses to grant a divorce, if the couple separates again and files for divorce after one year, the court will generally grant the divorce, the key point being the evidence provided.
Q: If the woman blocks the man and he can't contact her, can they get a divorce?
A:Yes, if the parties can provide evidence such as separation agreements and communication records to prove that their relationship has broken down, the hearing can be conducted in their absence or through a public announcement.
Q: Does not claiming custody rights affect the divorce judgment?
A:It doesn't matter. The custody rights can be negotiated separately or dealt with subsequently.
Q: What evidence is required for a cross-border divorce?
A:The marriage certificate, separation certificate, communication records, immigration records, etc. form a chain of evidence.

The woman refused to return to China and cooperate with the proceedings, but the lawyer, Xiong Binrong from Beijing Henglu Law Firm, successfully helped the man obtain a divorce judgment (after a second lawsuit).