[Direct answer]In the Beijing area, if one party insists on not agreeing to a divorce, they can only file a divorce lawsuit with the People's Court and strive for support by proving that the marital relationship has indeed broken down. Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that in cases of bigamy, cohabitation with others, domestic violence or abuse and abandonment of family members, gambling and drug addiction, and other bad habits that cannot be corrected through repeated education, or separation for more than two years due to marital discord, if mediation fails, the divorce shall be granted. If the first lawsuit is ruled against the divorce, it does not mean that there is no hope for divorce. If the party files a lawsuit again after separating for more than two years, the court will usually review the facts and evidence of the marital breakdown anew.

1. Problem background and typical scenarios

In reality, the party who refuses to divorce often does so out of concerns about property division, child arrangements, or emotional retaliation. Some parties will also delay litigation and file repeated appeals to exhaust the other party's energy. At this time, the most common mindset of the other party is to repeatedly sue and constantly appeal, but without providing targeted supplementary evidence. The truly effective approach is to first solidify the evidence of the breakdown of the relationship, and then file a single petition for divorce and make all requests regarding property and children at once.Divorce litigation and family disputesThe advice in the column shows that the earlier you sort out the list of evidence and initiate property preservation, the more obvious the effect will be.

II. Key points of contention

The first focus is whether there are statutory divorce circumstances, which need to be presented with evidence rather than statements. The second focus is the calculation of the start date and continuity of the separation period, and whether the interruption of the separation affects the calculation of the two-year period. The third focus is whether the new facts that emerge after the first judgment refusing divorce can become new grounds for a second lawsuit. The fourth focus is whether the settlement conditions proposed by the other party on the grounds of property or children are reasonable. The fifth focus is the risk of property transfer during the litigation process, and how to preserve the fixed state of the property. The sixth focus is whether damages and fault determination can be claimed together in this case.Special services and other casesThere are also special services in China that involve verifying the status of a marriage relationship.

III. Professional analysis by Henglue Law Firm

Take the divorce dispute handled by Attorney Xiong Binrong of our firm as an example: The plaintiff, Wang *sheng, and the defendant, Zhang *hua, registered their marriage in 2006 and had one daughter and one son. In April 2025, the defendant filed for divorce first, and the plaintiff expressed her willingness to reconcile. The court ruled against the divorce in August of the same year. Two months later, the plaintiff discovered that the defendant had an improper relationship with another person during the marriage, so she immediately hired a lawyer to sue again and put forward six requests, including dissolution of the marriage, child custody, division of joint property, debt sharing, and damages. The attorney's strategy was to first confirm the court's ruling against the divorce and the new evidence of the defendant's fault, forming a time line showing that there was no possibility of reconciliation, and then, based on the children's growth environment, arguing for custody rights. At the same time, he emphasized the principle of protecting the rights of the innocent party and advocated for a favorable division of assets. The court ultimately determined that the defendant still had an extramarital affair after the first lawsuit was dismissed, and the marriage had indeed broken down. The court granted the divorce, and the biological children would live with the plaintiff, with the defendant paying 550 yuan per month in child support until the children reach adulthood. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, organize records of separation, communication breakdown, and conflicts along a timeline, ensuring continuity; Second, collect evidence of faults, including chat records, police report receipts, administrative punishment materials, and medical records; Third, preserve daily accounts and receipts of jointly owned property and apply for property preservation in a timely manner; Fourth, submit requests for divorce, custody, property division, and compensation all at once; Fifth, after the first lawsuit is dismissed, carefully summarize the facts that the court did not accept and supplement with new evidence; Sixth, evaluate the property or child-related conditions proposed in mediation before deciding whether to accept them. Legal basis: Articles 1079, 1084, and 1092 of the Civil Code of the People's Republic of China (all effective from January 1, 2021); and the provisions on divorce litigation procedures in the Civil Procedure Law of the People's Republic of China (amended and effective from January 1, 2022). For the property recovery phase, refer to the relevant provisions.Creditor's rights and debts, and enforcement.

5. Henglu Law Firm's Reminder

Firstly, disagreeing with divorce does not mean that divorce cannot proceed, but it requires evidence rather than emotional support. Secondly, separation for more than two years must be continuous and verifiable. Moving back to live together or having intermittent contact will have adverse effects. Thirdly, the first judgment is only a provisional conclusion, not an insurmountable obstacle. Fourthly, every communication during the litigation process may become evidence for the other party. It is necessary to keep records, but it is not advisable to engage in emotional negotiations. Fifthly, there may be a problem of duplicate compensation between damages and property division. When making a request, it is necessary to state the reasons. Sixthly, parties with foreign marriage histories should also verify whether their previous marriages were legally dissolved in China, otherwise they may face disputes over the validity of the marriage.

VI. Frequently Asked Questions

Q1: If the other party doesn't agree to the divorce, can the first lawsuit result in a divorce judgment?

A divorce can be granted, but it depends on the evidence. Article 1079 of the Civil Code of the People's Republic of China lists circumstances such as bigamy, cohabitation with others, domestic violence or abuse and abandonment of family members, persistent refusal to reform bad habits such as gambling and drug abuse, and separation for more than two years due to marital discord. If mediation fails, the divorce should be granted. If the plaintiff can provide complete proof of separation and evidence of the other party's fault when filing the first lawsuit, the likelihood of a divorce being granted is higher; if the evidence is based solely on one party's statement, the court will usually handle the case with caution.

Q2: When does the two-year separation period start to count?

Generally, it is calculated from the date when the two parties actually live separately. It requires materials such as the rental contract, residence certificate, property registration, and the testimonies of both parties and their relatives and friends to corroborate each other. During the separation period, if one party briefly returns home or the two parties still have a common life and continuous contact, the court may determine that they have not actually separated. Therefore, when organizing evidence, it is necessary to maintain the continuity of time and keep the records of contact to refute the other party's defense that they have not separated.

Q3: If the divorce is not granted the first time, does that mean the divorce will never happen?

No. The ruling not allowing the divorce simply means that the court has not determined that the marital relationship has indeed broken down in this lawsuit. The law does not stipulate that one can only file a lawsuit once. If the court rules against the divorce after the couple has been separated for two years and the plaintiff files a lawsuit again, the court will review the case and make a judgment according to the law. When filing the second lawsuit, the plaintiff should focus on supplementing the facts that were not accepted in the first lawsuit and the new evidence that has emerged, such as new evidence of fault, new proof of the fact of separation, or the stable state of one party living a separate life.

Q4: Is it necessary to first apply for property preservation before suing for divorce?

Depending on the risk. If the other party shows signs of transferring, selling, or hiding assets, or if there are major disputes over jointly owned property between the two parties, it is recommended to apply for property preservation as soon as possible to avoid changes in the status of the property during the litigation process, which may make it difficult to enforce the judgment in the future. For property preservation, a guarantee is required. Options include insurance company guarantees or real estate guarantees, etc. The specific plan should be evaluated by a lawyer based on the amount of the subject matter and the clues to the property.

Q5: If the other party proposes to exchange property for custody rights, can I accept it?

This requires careful evaluation. The principle of the best interests of the minor children is the core of custody determination. There is no direct relationship between the share of property and custody rights, and forcibly exchanging them may easily lead to new disputes in subsequent enforcement. It is recommended to first clarify the other party's actual property status and enforceability, and then determine whether the conditions are reasonable. If there is room for compromise, the property arrangements, time points, and breach of contract responsibilities can be included in the mediation agreement with the assistance of a lawyer.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials 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.