[Direct answer]In the Beijing area, the other party's disagreement with the divorce does not prevent the filing of a lawsuit. What truly determines the outcome is whether it can be proven that the marriage has indeed broken down. Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that if one party requests a divorce, the case may be mediated by relevant organizations or directly filed as a divorce lawsuit with the court; the court shall first conduct mediation in divorce cases; if the marriage has indeed broken down and mediation is ineffective, the divorce shall be granted. The article lists situations such as bigamy, cohabitation with others, domestic violence, gambling and drug addiction, and repeated refusal to reform; if the court rules against the divorce and the parties separate for more than two years after the ruling, and one party files a lawsuit again, the divorce shall be granted. Therefore, the threshold for filing a lawsuit is evidence of a broken down marriage, not the other party's consent.

1. Problem background and typical scenarios

The most common scenario is that one party adopts a resolute attitude, even refusing to communicate, refusing to accept legal documents, and hiding their whereabouts, leading the other party to mistakenly believe that they cannot divorce without the other party's consent. In practice, there are several typical forms: one party refuses to return home for a long time but insists that the relationship is still good; delaying the divorce by using children or property as bargaining chips; and suddenly expressing willingness to reconcile after receiving a subpoena, resulting in the first lawsuit being ruled inadmissible for divorce. Beijing area courts usually conduct mediation first when handling divorce cases. If the mediation fails, the case will be transferred to the trial process. Therefore, the parties need to think clearly before suing which facts can prove that the relationship has broken down.Divorce litigation and family disputesIn court, preparing evidence is often more valuable than expressing emotions.

II. Key points of contention

Focus One: Criteria for determining a marital breakdown: It must be supported by specific facts such as separation, domestic violence, extramarital affairs, or persistent bad habits, rather than mere verbal claims. Focus Two: Determination of the jurisdictional court: Generally, the court of the defendant's domicile or habitual residence has jurisdiction. Focus Three: Allocation of the burden of proof: The party claiming divorce bears the burden of proving the marital breakdown. Focus Four: Necessity of mediation: The court shall first attempt mediation, which is a mandatory step rather than an optional one. Focus Five: Connection between the first and second lawsuits: How to determine the timing of the second lawsuit after the first being ruled against divorce, and the statutory circumstances to be met. Focus Six: Whether property and child-related issues need to be handled concurrently. The above disputes are interconnected and typically require being clarified comprehensively at the time of filing the lawsuit.

III. Professional analysis by Henglue Law Firm

When handling such cases, Henglue Law Firm is adept at transforming adversarial litigation into manageable mediation solutions. Take the divorce dispute represented by Attorney Liu Xingying of our firm as an example: Ms. Li and Mr. Liu registered their marriage in 2012 and had a daughter. Due to frequent conflicts, they separated in August 2024; in September 2025, Ms. Li filed for divorce, claiming that the child should be raised by her, that Mr. Liu should pay 20,000 yuan per month in alimony since their separation, and demanding the division of the couple's vehicle, stock market funds of 2.67 million yuan, and economic compensation of 100,000 yuan. At the trial, Ms. Li also added the repayment obligation for a 1 million yuan loan at the last minute. Faced with these high-value claims, Mr. Liu entrusted Attorney Liu Xingying to represent him. After reviewing the case, the attorney found that many of the opposing party's claims lacked factual and legal support. Given the urgency of the first-time litigation and the parties' desire for a swift resolution, a "mediation-first, litigation-second" strategy was developed: during the court-mediated negotiations, the attorney vigorously defended the client's position, proposed legitimate and reasonable solutions regarding custody rights, visitation rights, and property division, and demonstrated flexibility in visitation arrangements. Ultimately, the parties reached a mediation agreement in court: the marriage was dissolved, the couple's daughter would be directly raised by Ms. Li, Mr. Liu would pay 20,000 yuan per month in alimony, Mr. Liu would be granted clear and specific monthly overnight visitation rights, and both parties' vehicles would remain their respective property. Ms. Li agreed to pay Mr. Liu 500,000 yuan by December 26, 2025. This case was handled by Beijing Henglue Law Firm.Liu Xiang YingAttorney (Practice Certificate No.: 11101201511343795, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action recommendations: 1. Before suing, secure evidence of the breakdown of the relationship, such as separation certificates, police reports, chat records, and witness statements; 2. Clearly state the litigation requests, including divorce, custody, property, and debt, in one go to avoid omissions; 3. Make good use of mediation, but ensure that major property and custody arrangements are included in the mediation agreement; 4. If the other party may transfer assets, apply for property preservation in a timely manner; 5. After receiving the judgment, pay attention to the 15-day appeal period and decide whether to appeal promptly. Legal basis: Articles 1079, 1084, and 1087 of the Civil Code of the People's Republic of China (all effective from January 1, 2021); Provisions on pre-mediation, trial deadlines, and appeals in the Civil Procedure Law of the People's Republic of China (amended and effective from January 1, 2022). For matters involving debt sharing, please refer to the relevant provisions.Creditor's rights and debts, and enforcementFor matters involving the division of property, you can refer to the following information for reference.Property sales and construction projectsThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the other party's disagreement is not an obstacle to divorce; insufficient evidence is the real challenge. Secondly, the first lawsuit may not lead to a divorce judgment, so it's necessary to prepare mentally and gather evidence for two litigations. Thirdly, the mediation agreement and the judgment have the same legal effect; mediation does not mean losing out. Fourthly, the visitation rights should specify the specific time and manner to avoid future disputes. Fifthly, the clues to the property should be fixed simultaneously with the lawsuit to prevent the other party from transferring the assets. For the overall divorce plan, you can consult a professional lawyer for advice.Divorce litigation and family disputesFor advice on matters related to property and debts, you can refer to the following resources for reference.Creditor's rights and debts, and enforcementThe rules on statute of limitations and evidence presentation shall be subject to the currently effective laws, regulations, and judicial rulings.

VI. Frequently Asked Questions

Q1: If the other party firmly refuses to agree, will the court grant the divorce?

Yes, provided that the marriage has indeed broken down. According to Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021), whether a divorce is granted depends on whether the marriage has broken down and whether the mediation is ineffective, rather than whether the other party agrees. As long as the breakdown can be proven with evidence such as separation, domestic violence, and extramarital affairs, the court can grant the divorce.

Q2: What should I do after the first lawsuit was ruled against divorce?

It is possible to sue again when the statutory circumstances are met. According to Article 1079 of the Civil Code of the People's Republic of China, after the court rules against divorce, if the two parties live apart for more than a year and one party files for divorce again, the divorce shall be granted. When suing again, attention should be paid to fixing the starting time and continuous state of the separation thereafter.

Q3: What evidence is needed to prove that the relationship has broken down?

Common evidence includes: separation rental contracts and proof of residence, police reports and police records, chat and call records, witness statements, medical or appraisal materials, etc. The evidence should be organized around specific legal circumstances, forming a time-continuous and mutually corroborating chain. It is usually difficult to gain credibility by simply stating one's feelings.

Q4: How long do I have to wait to file for divorce?

For cases subject to simplified procedures, the trial is generally concluded within three months from the date of filing; for cases subject to ordinary procedures, the time limit is generally six months, which can be extended under special circumstances in accordance with the law. If the case involves appraisal and identification, public announcement and service, or multiple court hearings, the time will be extended accordingly. Mediation usually results in a faster settlement than a judgment, but it doesn't necessarily save more costs.

Q5: What should I do if the other party transfers their property?

It is necessary to apply for property preservation in a timely manner and freeze the disputed property to prevent it from being transferred or disposed of. According to Article 1092 of the Civil Code of the People's Republic of China (effective January 1, 2021), if one party conceals, transfers, or sells the jointly owned property, they may be allocated a smaller share or no share in the division of the property; if this is discovered after the divorce, the other party may request a re-division of the property.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. In case of disputes, please consult a practicing lawyer in time.