[Direct answer]There's no guarantee. Whether to grant a divorce or not is determined by the court based on evidence and statutory circumstances. Lawyers can strive for it, but they cannot promise the outcome. According to Article 1079 of the Civil Code of the People's Republic of China, the people's court shall conduct mediation when trying divorce cases. If the feelings between the parties have indeed broken down and the mediation is unsuccessful, the divorce shall be granted; the article lists situations such as bigamy, cohabitation with others, domestic violence or abuse and abandonment of family members, gambling and drug addiction that have not been reformed despite repeated warnings, and living apart for more than two years due to marital disharmony. After the people's court rules against the divorce, if the parties live apart for another year and one party files for divorce again, the divorce shall be granted. Therefore, the key to increasing the probability of granting a divorce is to prove that the feelings between the parties have indeed broken down, rather than seeking any form of guarantee.

1. Problem background and typical scenarios

The most common question asked by clients during consultations is whether it's possible to guarantee a divorce judgment. In reality, there are three common scenarios: one party firmly refuses to agree to the divorce, resulting in the first lawsuit being ruled as inadmissible; the parties have been living apart for a long time and have lost communication, but lack objective evidence to prove the start and end dates of the separation and the reasons for it; the other party is abroad or refuses to cooperate, making it difficult to serve the legal documents and respond to the lawsuit. In these situations, clients are prone to feel anxious and tend to believe in promises that can guarantee the outcome, resulting in insufficient preparation of evidence and ultimately missing favorable opportunities. Understanding the statutory standards for granting a divorce judgment can help shift the focus back to the evidence itself.

II. Key points of contention

The dispute revolves around four aspects: First, the standard of proof for whether the marriage has truly broken down. The court requires objective evidence rather than mere statements; Second, the commencement and determination of separation. It is necessary to distinguish between living apart due to work, medical treatment, etc. and separation due to marital discord; Third, the procedural arrangements after the first lawsuit is dismissed. If the divorce is not granted after six months with no new circumstances or reasons, the lawsuit cannot be filed again. However, if the separation lasts for more than a year, the divorce should be granted; Fourth, the relationship between fault circumstances and divorce. Bigamy, cohabitation, domestic violence, etc. are not only grounds for divorce, but may also affect the division of property and damages. The above four points are interrelated, and the preparation of evidence should correspond to the statutory circumstances item by item.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a case of a second lawsuit for divorce. Liu Gang and Li Lina registered their marriage in Beijing in 2012. After the marriage, they had a son and a daughter, and later went to live abroad. Since June 2020, the couple has been living separately, and their relationship has not improved after Liu Gang returned to China in July 2022. The couple once reached a divorce agreement, but Li Lina refused to return to China to cooperate with the procedures and blocked Liu Gang's contact information. In July 2023, Liu Gang filed his first lawsuit, but Li Lina did not appear in court. The court ruled that the marriage had not completely broken down and refused to grant the divorce. After that, Liu Gang entrusted the lawyers of our firm to file a second divorce lawsuit. The lawyers submitted screenshots of WeChat, text messages, emails, and immigration records to prove that the couple had been living separately for many years, that the other party refused to communicate and blocked contact with their children, and that the marriage was beyond repair. They also stated that the man was not at fault in the marriage, did not claim custody of the children at the moment, and would continue to pay child support. The court ultimately granted the divorce. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that whether the second lawsuit can lead to a divorce depends on whether the chain of evidence is complete, rather than any oral guarantee.

IV. Practical suggestions and legal basis

Action list: First, fix the evidence of separation as soon as possible, such as rental contracts, utility payments, certificates from the neighborhood committee or property management, and immigration records; Second, save communication records, including WeChat messages, text messages, emails, and call logs, to prove the breakdown of the relationship and the negotiation process; Third, collect evidence of fault, such as police reports, punishment decisions, and medical records; Fourth, after the first lawsuit is ruled against divorce, pay attention to preserving evidence of separation for one year to create conditions for another lawsuit. For matters involving property preservation and debt handling, you can refer to the relevant guidelines.Creditor's rights and debts, and enforcementFor arrangements regarding child custody and visitation, please refer to the relevant informationDivorce litigation and family disputesLegal basis: Article 1079 and Article 1091 of the Civil Code of the People's Republic of China (both in effect since January 1, 2021), and the relevant provisions of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (in effect since January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the decision on whether to grant a divorce depends on the evidence and statutory circumstances. No lawyer should promise a specific outcome, and one should remain vigilant when encountering claims guaranteeing a divorce. Secondly, the dismissal of the first lawsuit does not mean that divorce will be impossible in the long run. If the parties separate for one year after the decision not to grant a divorce and file for divorce again, the court shall grant the divorce. Thirdly, the proof of separation requires an objective chain of evidence, and mere statements are unlikely to be accepted. Fourthly, if the other party is abroad or refuses to cooperate, one should evaluate the methods of service and the trial cycle in advance, and prepare mentally and in terms of time. For cases involving foreign elements, it is advisable to seek assistance from a foreign lawyer or law firm.\nFinancial capital and cross-border transactions involving foreign entities.The column explains the key points of the procedure. Fifthly, even if you don't get support the first time, you shouldn't just wait passively. You should collect evidence of separation and communication at the same time to accumulate materials for the next lawsuit.

VI. Frequently Asked Questions

Q1: Will the court grant a divorce if it's the first time the couple is suing for divorce?

Not necessarily. When handling divorce cases, the court shall first conduct mediation. Only when the marriage relationship has indeed broken down and the mediation is ineffective will the court decide to grant the divorce. If there is a lack of sufficient evidence in the first lawsuit, the court is usually more cautious and may decide not to grant the divorce. However, if both parties agree to divorce, the court may mediate or decide to dissolve the marriage relationship.

Q2: If the other party doesn't agree to the divorce, can't I get a divorce?

Not really. Divorce does not depend on whether the other party agrees, but on whether the marriage has truly broken down. In cases such as bigamy, cohabitation with others, domestic violence, repeated gambling and drug abuse that cannot be corrected, or separation for more than two years due to marital discord, if mediation fails, the divorce shall be granted; if the couple separates again after the court's decision not to grant the divorce and sues for divorce again after one year, the divorce shall be granted.

Q3: How to prove that we have been separated for more than two years?

Evidence can be provided from three aspects: the start and end dates of the separation, the living status, and the reasons for the marital discord. Common evidence includes individual rental contracts and rental payment records, utility bills, residence certificates issued by the community or property management, immigration records, and statements about the separation made during communication between the parties. It is usually not enough to rely solely on one party's statements or testimonies from relatives and friends.

Q4: How long do I need to wait before filing a second lawsuit for divorce?

In cases where the court rules against the divorce, if there are no new circumstances or new reasons, the plaintiff shall not file a lawsuit again within six months. If the parties have been separated for more than a year after the judgment, and one party files a lawsuit again, the court shall grant the divorce. Therefore, in practice, it usually takes more than half a year from the first judgment to the second lawsuit, and the specific timeframe will be determined based on the court's review.

Q5: How helpful is it to hire a lawyer when seeking a divorce?

The value of a lawyer lies in designing an evidence plan, standardizing the way of obtaining evidence, and grasping the procedural nodes. For example, organizing the facts of separation, communication breakdown, and fault into a complete chain of evidence, and filing a lawsuit again at an appropriate time. However, lawyers cannot change the facts and cannot guarantee the outcome. Clients should maintain rational expectations about the results.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.