[Direct answer]In the Beijing area, whether a party can win the lawsuit when the other party does not agree to divorce depends on whether it can prove that the marital relationship has indeed broken down. In practice, there are six main types of effective evidence: 1. Evidence of domestic violence, including police reports, medical diagnosis certificates, and photos of injuries; 2. Evidence of extramarital affairs, including communication records, transfer and consumption receipts, accommodation and travel records, and interaction traces on public platforms; 3. Evidence of long-term separation, including proof of different living addresses, property and utility payment records, and immigration records; 4. Evidence of continued separation after the first lawsuit was ruled against divorce; 5. Written or recorded statements from the other party expressing that the relationship has broken down; 6. Statements of the children's wishes. Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that if mediation fails, divorce shall be granted in cases such as bigamy, cohabitation with others, domestic violence, abuse or abandonment of family members, persistent refusal to reform bad habits such as gambling and drug addiction, or separation for more than two years due to marital disharmony. Additionally, if the parties continue to live separately for more than one year after the judgment of non-divorce, and one party files for divorce again, the divorce shall be granted.Divorce litigation and family disputesAccording to the column's advice, evidence collection should be prepared based on the above-mentioned elements one by one, rather than simply piling up materials indiscriminately.

1. Problem background and typical scenarios

The parties who consult on such issues have usually communicated with each other multiple times, but the other party remains adamant and repeatedly uses delaying the process and wasting energy as a strategy. After the first lawsuit, if the court rules against the divorce, the other party often shows a brief reconciliation in the short term, but then resumes their indifference, leading the parties to mistakenly believe that their efforts are ineffective. At this point, the truly effective approach is to compare the facts that were not accepted in the first judgment with the evidence one by one and supplement the evidence item by item, rather than submitting the same materials repeatedly. Another common situation is that the other party does not appear in court but creates obstacles by sending messages through relatives or delaying the delivery of documents. In this case, it is necessary to understand the application of the default trial and the effectiveness of the default judgment in advance. For personal safety responses, you can refer to them as well.Special services and other casesThe instructions in the column.

II. Key points of contention

First, we need to compare each item to determine the discrepancies between the facts established in the first judgment and the claims of the parties involved. Second, we need to clarify the starting point and continuity of the separation period, and whether brief cohabitation or resumed contact affect the calculation of the one-year period. Third, we need to determine whether new facts that emerge after the first lawsuit can serve as independent grounds for a second lawsuit. Fourth, we need to assess the evidentiary standards for indirect evidence of extramarital affairs and whether it can form a complete chain of evidence. Fifth, we need to address how to complete service and evidence presentation when the other party is absent from the trial. Sixth, we need to ensure that property transfers during the litigation process are properly preserved. Seventh, we need to determine whether damages can be claimed simultaneously with the determination of fault. The difficulty of evidence collection lies in the fact that many events occurred several years ago, requiring the use of documentary evidence and witness testimonies to reconstruct the facts, a point that is often underestimated during consultations.

III. Professional analysis by Henglue Law Firm

Take a divorce dispute handled by our firm's lawyers as an example: Ms. Li and Mr. Wang met and fell in love in 2011, gave birth to their daughter Xiao Chen in 2012, registered their marriage in March 2015, and Mr. Wang went to Japan to work in May 2015 and returned to China in November 2021. During this period, Ms. Li also went to Japan to work in 2017 and returned to China in 2018. In recent years, the couple often had conflicts, with the husband subjecting Ms. Li to domestic violence and emotional coldness, leading to a breakdown in their relationship. In November 2022, Ms. Li filed for divorce with the court, but the court ruled against the divorce. After more than half a year without reconciliation, Ms. Li filed for divorce again to dissolve the marriage. After accepting the case, the lawyer systematically sorted out her demands: divorce, custody of the child and child support, and legal division of property. The lawyer argued that Ms. Li's repeated filings for divorce showed her firm determination to divorce and complete loss of confidence in the marriage, and the defendant's consent to the divorce also indicated that the relationship had truly broken down and there was no possibility of cohabitation, so the divorce request should be supported. Regarding the custody of their daughter Xiao Chen, the lawyer proposed that since the child had reached the age of eight and had certain cognitive judgment abilities, it was more appropriate for her to live with her mother and be raised by her mother, which was conducive to the child's physical and mental health and protection of her legitimate rights and interests. Regarding the division of joint property, the lawyer argued that the bank deposits should be based on the balance retrieved by the court, and claimed that Mr. Wang had 802,000 yuan in Japanese yen in Bank of China, purchased insurance worth 1 million yuan, and purchased a house and two underground garages in Fucheng County (in 2011 and 2012), for which he paid a total of 1,141,000 yuan, all of which were acquired during the marriage and should be legally divided. After trial, the court supported the plaintiff's claims: ruled to grant the divorce, awarded custody of their daughter Xiao Chen to Ms. Li, ordered Mr. Wang to pay appropriate child support, and legally divided the joint marital property, with Ms. Li receiving a total of over 2.3 million yuan in her share. This case shows that the key to the second lawsuit is to fill in the gaps in the facts that were not accepted in the first lawsuit and to present the claims for child custody and property together.Divorce litigation and family disputesThe advice in the column shows that the earlier you sort out the list of evidence, the more obvious the effect will be. This case is handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

Action recommendations: 1. Organize records of separation, communication breakdown, and conflicts chronologically to maintain continuity. 2. In cases of domestic violence, report to the police and seek medical attention immediately, and retain the police report and medical diagnosis. 3. Gather indirect evidence for extramarital affairs, including communication records, travel itineraries, and spending records. 4. Preserve separation-related documents such as accommodation receipts, payment records, and residency registration, ensuring they do not cause unfavorable consequences from temporary cohabitation. 5. Retain divorce agreements, promissory notes, or audio recordings signed by the other party. 6. Pay attention to the form and credibility of children's expressions of their wishes. 7. Prepare property preservation materials simultaneously. Legal basis: Articles 1079, 1084, 1085, and 1091 of the Civil Code of the People's Republic of China (all effective since January 1, 2021); Provisions on divorce litigation, absentee trials, and evidence collection in the Civil Procedure Law of the People's Republic of China (amended in 2023, effective since January 1, 2024); Currently applicable regulations on personal safety protection measures.

5. Henglu Law Firm's Advice

First, not agreeing to divorce does not mean that divorce is impossible, but it requires evidence rather than emotional support. The court determines whether the marriage has truly broken down. Second, separation for one year or two years must be continuous and verifiable. Moving back to live together or resuming contact will have adverse effects. 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 sure to keep the original documents. Fifth, do not publicly accuse the other party on social platforms. Such content is usually difficult to serve as evidence for statutory requirements. Sixth, asset preservation and evidence collection should proceed simultaneously. It is of limited significance to collect evidence without freezing assets. Seventh, parties involved in domestic violence should prioritize ensuring their personal safety and may apply for personal protection measures. The review process for joint debts can be referred to for reference.Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: There's no extramarital affair or domestic violence, just a separation. Can the divorce be granted in this case?

It's possible. According to Article 1079 of the Civil Code of the People's Republic of China, if the couple has been living apart for two years due to marital disharmony, the divorce shall be granted; if the couple has been living apart for another year after being ruled not to divorce, and one party files for divorce again, the divorce shall also be granted. The key is that the fact of living apart must be continuous and verifiable. It is recommended to keep records of residence, payments, property, and travel in two places at the same time, so as to form a mutually corroborating chain of evidence.

Q2: If the first lawsuit was ruled against divorce, does that mean the divorce will definitely be granted in the second lawsuit?

It's not necessarily the case, but the legal process is clear. After the first judgment refusing divorce, if the parties live apart for one year again and one party files for divorce again, the court shall grant the divorce. In practice, attention should be paid to three points: first, whether there is evidence of substantial improvement in the relationship during this period; second, whether the separation is continuous or whether there is a short-term cohabitation; third, whether new evidence and new factual claims are added when filing for divorce for the second time.

Q3: If my spouse deleted the chat records, can I still recover the evidence?

This can be quite challenging. It is recommended to collect evidence before disputes arise, and pay attention to preserving the original equipment and the full context of the conversation, rather than just saving a single screenshot. For cases involving the other party's account, you can consider using notarization or electronic data collection methods to secure the evidence. For key content, you should also keep external supporting evidence such as transfer receipts and payment records, as the probative value of a single electronic screenshot is relatively limited.

Q4: If the child wants to live with the other parent, will the court take their wishes into account?

I will refer to it. The court's judgment on custody rights is based on the principle of what is most beneficial to the minor children. If the children are over eight years old and their expressions of will are genuine, their wishes can be heard after considering other factors. However, when there are unfavorable factors such as domestic violence and gambling on the other side, the children's wishes are usually not the only basis. The growth environment, stability of care, and ability to raise the children are still the main considerations.

Q5: What will happen if the other party finds out that I'm investigating them during the evidence-gathering process?

Generally, just letting the other party know that you have started preparations may prompt them to transfer their assets or engage in superficial actions. Therefore, it is more prudent to first secure legally held documents through low-confrontational methods such as borrowing documents and keeping receipts, and to leave the parts that need to be retrieved by the court for the litigation process. Important clues should be kept confidential before the application and do not need to be informed to the other party in advance. Preparatory work before suing can be referred toProperty transactions and construction projectsThe idea of ownership verification in the column.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence 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 Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on 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.