[Direct answer]There are only two legal methods for divorce. Firstly, divorce by agreement: According to Articles 1076 and 1077 of the Civil Code of the People's Republic of China, if the couple voluntarily divorce, they shall sign a written divorce agreement and apply for registration at the marriage registration authority in person. Either party may withdraw the application within 30 days from the date of application. After the expiration of the 30-day period, the couple shall personally apply for and collect the divorce certificate. Failure to apply within the time limit shall be deemed as withdrawal of the application. Secondly, divorce by litigation: If one party requests divorce or if the couple cannot reach an agreement on divorce, children, or property, they may file a lawsuit with the people's court; according to Article 1079, if the marital relationship has indeed broken down and mediation is ineffective, the divorce shall be granted. The judgment takes effect immediately to dissolve the marriage relationship, and there is no need to go through the registration process again.

1. Problem background and typical scenarios

Often, parties misunderstand that living apart for many years and not contacting each other means an automatic divorce, which is a common misconception. Another scenario is that the parties have reached an agreement on the terms of the divorce, but the divorce agreement fails because one party changes their mind during the cooling-off period. There are also cases where one party lives abroad or is a foreign national, and attempts to register for divorce at the civil affairs bureau but is rejected. In Beijing, when handling divorce matters, a divorce by agreement requires both parties to jointly apply and attend the civil affairs bureau twice, while a litigation divorce requires resolving issues such as jurisdiction, service of documents, and evidence collection. In practice, parties often focus on the outcome and neglect the process. In fact, whether the written documents are complete, whether there are records of communication, and whether key deadlines are met often determine the ultimate handling options. Therefore, it is essential to sort out materials early, clarify legal grounds, and establish favorable facts. When conducting a detailed analysis, it is recommended to take the timeline as the main thread, and match contracts, receipts, communication records, and relevant legal grounds one by one to form a clear handling framework, which is conducive to judging the order and feasibility of various claims.

II. Key points of contention

First, whether the parties can reach an agreement on all aspects of divorce, child custody, property and debts. Second, the calculation of the divorce cooling-off period and the legal consequences of withdrawal. Third, the standards for determining the breakdown of the marriage relationship, such as bigamy, domestic violence, gambling addictions, and separation for more than two years. Fourth, the handling of cases where one party files a lawsuit again after being ruled against divorce and separating for more than a year. Fifth, the procedural particularities of marriages involving foreign countries, Hong Kong, Macao, and Taiwan. Sixth, how to apply when written agreements conflict with mandatory legal provisions, and how to determine the validity of relevant clauses. Seventh, who should bear the burden of proof for key facts and how to grasp the standard of proof. Eighth, whether relevant time limits have expired and whether they can be claimed to be interrupted or extended. Ninth, whether the parties themselves have any faults and the impact of such faults on the final proportion of liability. In addition, attention should also be paid to whether the evidence forms are legal, whether key facts can corroborate each other, and the differences in cost, time, and feasibility of different handling solutions. On this basis, the priority path for advancement should be determined.

III. Professional analysis by Henglue Lawyers

The practical experience of Henglue Lawyers is that agreement-based divorce is quick but not stable, while litigation-based divorce is slow but can resolve all issues at once. The prerequisite for choosing the agreement-based method are that both parties have no objections to all disputed points and can attend in person twice; once a party changes their mind during the cooling-off period or fails to attend during the application period, the agreement-based divorce will fail and can only be converted to litigation. When choosing the litigation-based method, the key lies in proving that the marriage has indeed broken down, and evidence of domestic violence, infidelity, or long-term separation is particularly crucial. If the first lawsuit is ruled against divorce, and the parties subsequently live apart for one year before the other party files another lawsuit, the divorce will generally be granted. For foreign-related marriages, as marriage registration authorities usually do not accept divorce registrations, the marriage can only be dissolved through litigation or mediation in a Chinese court with jurisdiction. Therefore, it is necessary to confirm jurisdiction and prepare materials in advance during the process.
This case is handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, assess whether the two parties can reach an agreement on all matters before deciding whether to opt for a settlement or litigation; Second, when choosing a settlement divorce, the content of the divorce agreement should be specific and clear, covering children, property, and debts; Third, pay attention to the requirements of attending the court twice during the cooling-off period and the application period; Fourth, when opting for a litigation divorce, fix the evidence of marital breakdown and property in advance; Fifth, for foreign-related marriages, first confirm the jurisdiction court and prepare the translated and certified materials. For matters involving divorce procedures and family disputes, you can refer to the relevant guidelines.Divorce litigation and family disputesFor procedures related to foreign marriages, you can refer to the following materials for reference.\nFinancial capital and cross-border transactions involving foreign entities.Legal basis: Articles 1076, 1077, 1078, and 1079 of the Civil Code of the People's Republic of China (all of which came into effect on 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 (which came into effect on 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, there is no automatic divorce. No matter how long the separation lasts, it must be dissolved by agreement or litigation. Secondly, for divorce by agreement, both parties need to appear in person twice. Please confirm the time before making travel arrangements. Thirdly, the key to winning a divorce by litigation lies in the evidence of the breakdown of the marriage. Fourthly, foreign-related marriages generally cannot be divorced by agreement, and the jurisdiction should be confirmed as soon as possible. For matters concerning the choice of divorce plans and dispute resolution, you can seek help from a professional lawyer.Divorce litigation and family disputesThe service is supported and can be combined with issues related to foreign marriages and overseas property\nFinancial capital and cross-border transactions involving foreign entitiesFor reference, you can refer to the section on the enforcement of property after divorceCreditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: How many ways are there to get a divorce?

There are only two legal methods for divorce: consensual divorce and litigation divorce. The former requires both parties to voluntarily go to the marriage registration authority to handle the divorce, while the latter is decided by the court through trial or mediation. The two methods cannot be mixed, and there is no other way to dissolve the marriage relationship. In similar cases, the conclusions may vary due to differences in facts and evidence. Parties should pay attention to relevant statutory periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose a suitable path and assert their rights under the guidance of a professional lawyer. It is recommended to consult with complete materials to determine the specific handling methods.

Q2: What materials are needed to prepare for a divorce by agreement?

Generally, both parties need to provide their ID cards, marriage certificates, written divorce agreements, and other materials required by the registration authority. The divorce agreement should state the intention of voluntary divorce and reach an agreement on child custody, property, and debt settlement. Both parties must appear in person to apply and collect the documents. Due to differences in facts and evidence in similar cases, the conclusions may vary. The parties should pay attention to relevant statutory periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose an appropriate path and assert their rights under the guidance of a professional lawyer. It is recommended to determine the specific handling method after consulting with complete materials.

Q3: How much does it cost to get a divorce?

For a divorce by agreement, you only need to pay the prescribed filing fees; for a divorce by litigation, you need to pay the case acceptance fees, and the fees involved in property division are calculated according to the proportion of the subject matter. If you meet the conditions, you can apply for a reduction, deferral, or exemption from payment. If you hire a lawyer, you will pay the lawyer's fees according to the entrustment contract. Due to differences in facts and evidence in different cases, the conclusions may vary. Parties should pay attention to relevant statutory periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose a suitable path and assert claims under the guidance of a professional lawyer. It is recommended to determine the specific handling method after consulting with complete materials.

Q4: How long does it take to finalize a divorce?

The divorce by agreement is subject to a 30-day cooling-off period and a subsequent 30-day application period, which typically takes more than a month to complete under favorable circumstances. For litigation divorce, the first-instance trial generally follows a simplified procedure lasting three months, and the ordinary procedure lasts six months. If an appeal is involved, the duration will be extended. Due to differences in facts and evidence among similar cases, the conclusions may vary. Parties should pay attention to relevant statutory periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, when necessary, choose an appropriate path and assert their rights under the guidance of professional lawyers. It is recommended to consult with complete materials to determine the specific handling approach.

Q5: Will a couple automatically get divorced if they have been living apart for two years?

No. There is no automatic divorce in law. Separation for more than two years is one of the statutory circumstances for determining that the marriage has broken down, and it is still necessary to dissolve the marriage relationship through an agreement or litigation procedures. Long-term separation should retain evidence of residence and communication to support the claim for divorce. Similar issues may lead to different conclusions in different cases due to differences in facts and evidence. Parties should pay attention to relevant statutory periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose an appropriate path and claim rights under the guidance of professional lawyers. It is recommended to determine the specific handling method after consulting with complete materials.

The above Q&A is mainly based on judicial practices in the Beijing area. 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 the relevant evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.