[Direct answer]In the Beijing area, if the first divorce lawsuit is ruled inadmissible, it doesn't mean that divorce is impossible. There are usually three paths to proceed: First, the plaintiff can file a new lawsuit after providing new evidence. Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that if mediation fails due to circumstances such as bigamy, cohabitation with others, domestic violence, or abuse and abandonment of family members, or if the couple has been living apart for more than two years due to marital disharmony, the court shall grant the divorce. Second, if the couple has been living apart for more than one year after the judgment takes effect, the court will generally grant the divorce. Third, if the defendant commits new major faults, such as transferring or hiding assets, the plaintiff can simultaneously initiate divorce litigation and apply for property preservation. What really determines the outcome is whether the plaintiff can provide complete evidence to prove the duration of the separation, the breakdown in communication, and the facts of the defendant's faults.Divorce litigation and family disputesThe advice in the column shows that the earlier you sort out the list of evidence and initiate preservation measures, the more effective the results will be.

I. Problem Background and Typical Scenarios

In reality, the party refusing to divorce often has concerns about property division, child arrangements, or emotional retaliation. Some litigants will also delay litigation or absent themselves from hearings to exhaust the other party's energy. In legal practice, such situations are referred to as "passive defensive divorce". At this time, the most common mentality of the other party is to repeatedly sue and constantly appeal, but without providing targeted supplementary evidence. After the first lawsuit is dismissed, if the litigant simply submits the same materials repeatedly, the court will often refuse to support it on the grounds that the marital relationship has not completely broken down. The truly effective approach is to first compare and reinforce the facts that were not accepted in the first judgment item by item, and then put forward all requests for divorce, property, and children in one go, so as to avoid multiple litigations that repeatedly consume time and expenses.

II. Key points of contention

First, we need to compare each point to identify the differences between the facts determined in the first judgment and the claims of the parties involved. Second, we need to clarify the starting date and continuity of the separation period, and whether the interruption of the separation or brief cohabitation would affect the calculation of the one-year period. Third, we need to determine whether the new facts that emerged after the first lawsuit can serve as new grounds for the second lawsuit. Fourth, we need to address how to complete the service and provide evidence when the other party is absent from the trial. Fifth, we need to mitigate the risk of property transfer during the litigation process by preserving the current state of the property. Sixth, we need to determine whether damages and fault determinations can be claimed together in this case. For procedural milestones and document preparation ideas, please refer to the relevant guidelines.Special services and other casesThe description of the special services in the column.

III. Professional analysis by Henglue Law Firm

Take the divorce dispute handled by Attorney Xiong Binrong of our firm as an example: Liu Gang and Li Lina confirmed their relationship in 2009, registered their marriage in Beijing in 2012, had a daughter named Xiao Li in 2015, and later went to live in the United States, where they had a son named Xiao Ze in 2020. In June 2020, the couple separated. In July 2021, Liu Gang returned to China, but their relationship did not improve. They once reached a divorce agreement, but Li Lina refused to return to China to cooperate and blocked their contact information. In July 2023, Liu Gang filed his first lawsuit, but Li Lina did not appear in court. The court ruled that the marital relationship had not completely broken down and dismissed the case. Liu Gang then entrusted Attorney Xiong Binrong to file 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 and that Li Lina refused to communicate with Liu Gang or cut off contact with their children. The lawyer also pointed out that the court's ruling that the divorce was not granted after the couple had been separated for over a year should be overturned according to the law. Considering that the man was not at fault in the marriage, he did not claim custody of the two children and continued to pay alimony. The People's Court of Shunyi District, Beijing ultimately granted the divorce. 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: 1. Organize records of separation, communication breakdown, and conflicts chronologically, ensuring continuity and avoiding ambiguity. 2. Gather evidence of the other party’s fault, including chat records, police report receipts, administrative penalty materials, and medical records. 3. Maintain daily accounts and receipts for joint assets and apply for property preservation promptly. 4. Submit all four divorce-related claims (divorce, custody, property division, and compensation) in one go. 5. After the first lawsuit is dismissed, carefully review the facts the court did not accept and supplement with new evidence. 6. If the other party is abroad, prepare service addresses, public notices, and immigration-related materials in advance. Legal basis: - Articles 1079, 1084, and 1092 of the Civil Code of the People’s Republic of China (effective January 1, 2021); - Provisions on divorce litigation and default trials in the Civil Procedure Law of the People’s Republic of China (amended in 2023, effective January 1, 2024); - Specific guarantee methods for property preservation shall follow current regulations. - For debt recovery, refer to relevant guidelines.Creditor's rights and debts, and enforcement.

5. Henglue Law Firm's Advice

First, not agreeing to divorce does not mean that divorce cannot proceed, but it requires evidence rather than emotional support. The court judges whether the marriage has truly broken down, not who is more persistent. Second, a separation of one or two years must be continuous and verifiable. Moving back in together or resuming contact will have adverse effects, and a single interruption could undo all previous efforts. Third, the first judgment is only a temporary conclusion, not a final obstacle. Do not assume that the marriage cannot be dissolved based on this. Fourth, every communication during the litigation process may become evidence for the other party. Be careful to preserve relevant materials but avoid emotional negotiations. Also, do not publicly criticize the other party on social media. Fifth, a default judgment does not equal a default verdict. The court will still determine whether the marriage has broken down based on the evidence in the case, so the focus should always be on the evidence itself. Sixth, there is limited room for a change in judgment in the second instance or during a second lawsuit. Therefore, it is particularly crucial to prepare evidence for the first instance and the first lawsuit. When hiring a lawyer, all materials should be provided at once.

VI. Frequently Asked Questions

Q1: If the first divorce lawsuit is rejected, how long can I wait before filing another lawsuit?

The divorce litigation does not prohibit repeated litigation in the short term, but it requires new facts and evidence to support it. In practice, it is common to wait until the first judgment takes effect, continue to live apart for one year, and then file a second lawsuit. At this time, the court generally grants the divorce according to law. If new major faults occur during this period or new facts such as the other party transferring property emerge, it is also possible to file a lawsuit in advance and apply for property preservation.

Q2: If the other party fails to appear in court, can the divorce be granted directly?

The absent trial is just a procedural formality. The court will still review whether the marriage has truly broken down according to the law. If there are records of separation, communication breakdown, and evidence of fault forming a complete chain of evidence, the court may grant the divorce according to the law; if the evidence is insufficient, there is a risk of being rejected even in the absence of the other party. Therefore, the key is not to make the other party appear in court, but to solidify the factual evidence of separation and marital breakdown.

Q3: When does the separation period start to count?

Generally, the separation period is calculated from the date of the parties' actual separation. It requires supporting evidence such as a rental contract, proof of residence, a statement from the employer, testimonies from relatives and friends, or the termination date of their mutual contact. If the parties briefly lived together or resumed contact during the separation period, it may result in the separation period being recalculated. If the case involves living abroad, it is necessary to combine the parties' immigration records, flight tickets, and rental receipts to determine their actual separation status.

Q4: If the first judgment did not mention custody rights, can I still claim them in the second instance?

Yes. Custody rights are a matter to be addressed in divorce litigation. If the claim for custody was not raised or supported in the first lawsuit, it can be raised again and supplemented with evidence in the second lawsuit. It should be noted that if the claim for custody was explicitly waived in the first lawsuit, the other party may raise objections to this claim in the second lawsuit. Therefore, it is best to fully express your true intentions from the beginning.

Q5: Do I need to hire a lawyer for a second lawsuit?

It is recommended to hire a lawyer. The focus of the review of the second instance and the second lawsuit is on new evidence and new facts. Scattered self-evidence is often difficult to form a complete chain. The value of a lawyer lies in sorting out the logic of the first judgment, identifying the evidence gaps, organizing the separation and fault materials into a credible evidence system, and designing the request plan for property and children's matters in one go, so as to reduce the time cost of multiple litigations.

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 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, 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 a dispute arises, please consult a practicing lawyer in time.