[Direct answer]In the Beijing area, if the other party does not agree to divorce, the marriage relationship can only be dissolved through litigation procedures. The overall process consists of five steps: 1. Determine the jurisdictional court and file a lawsuit with the people's court at the defendant's residence. For cases where the defendant's whereabouts are unknown, the jurisdiction can be determined according to regulations; 2. Prepare litigation materials and evidence, including the marriage certificate, identity documents, evidence of marital breakdown, and clues to the defendant's assets and children; 3. After the case is registered, proceed with pre-trial mediation. If mediation fails, the case will be transferred to trial; 4. Hold a court hearing to present and cross-examine evidence, with the focus on whether the marriage has truly broken down. The court will refer to Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021) to determine whether the divorce should be granted. The article stipulates that if mediation fails and the circumstances include bigamy, cohabitation with another person, domestic violence, abandonment or abuse of family members, or marital separation for more than two years, the divorce should be granted. If the parties remain separated for more than one year after the court rules against the divorce and one party files another lawsuit, the divorce should be granted; 5. After the judgment is served, either party can perform the judgment or appeal within the specified timeframe. It is necessary to assess the timing of asset preservation in advance, as the other party may transfer assets during this period.Divorce litigation and family disputesThe column provides specific explanations of the process nodes and service scope.

I. Problem Background and Typical Scenarios

For clients who consult such issues, most of them have already tried multiple rounds of communication or separation negotiations before, but the other party's attitude has been firm. There are three common scenarios: first, the other party delays to secure property and child custody arrangements; second, the two parties have reached a preliminary agreement on property, but the other party repeatedly reneges on it; third, the other party admits fault but denies it outright, attempting to drag out the divorce process into a prolonged stalemate. The difficulty of such cases lies not in the litigation itself, but in the fact that the first lawsuit may be ruled inadmissible. The most common mistakes made by clients at this stage are submitting the same materials repeatedly, suing multiple times without strengthening the evidence, and ultimately being rejected for the same reasons each time. Another common misunderstanding is ignoring property preservation, believing that once the divorce is granted, the property will be divided automatically, overlooking the difficulties in enforcement caused by the premature disposition of property. For details on default trials and service of documents, please refer to the relevant provisions.Special services and other casesColumn.

II. Key points of dispute

The first focus is the determination of the jurisdictional court, including the defendant's residence, habitual residence, and connecting points under special circumstances. The second focus is the standard of proof for whether the marriage has truly broken down, combining unilateral statements and indirect evidence. The third focus is the starting point and continuity of the separation period, and whether the interruption of separation affects the calculation of one year. The fourth focus is how to strengthen the facts that were not accepted in the first judgment. The fifth focus is the absent trial and notice delivery when the other party does not appear in court. The sixth focus is the timing of property preservation and guarantee arrangements. The seventh focus is the claims and review of damages and joint debts. The eighth focus is the remedies for non-performance after the judgment. The above determinations and procedural rules shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

Take the foreign-related divorce dispute handled by Attorney Xiong Binrong of our firm as an example, we can see how the process proceeds when the other party refuses to cooperate. Ms. Zhang and Mr. Liu registered their marriage in 1991 and had a daughter who has now reached adulthood. Both of them are now foreign nationals and have lived in Beijing for a long time. The marriage broke down due to the husband's infidelity. The two parties agreed to dissolve the marriage and divide their property: Ms. Zhang's property in Beijing, a property abroad, savings, financial products, and insurance will belong to her individually, while Mr. Liu's property in Shanghai will belong to him individually. However, since both parties are foreign nationals, the domestic civil affairs bureau cannot handle the divorce registration. Ms. Zhang therefore entrusted Attorney Xiong Binrong to handle the divorce matter. The lawyer, in accordance with the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) and relevant judicial interpretations, confirmed that although the parties are foreign nationals, Chinese courts have jurisdiction over the case because they have a habitual residence in China. The lawyer assisted in preparing materials such as identity certificates, marriage certificates, and property ownership certificates to ensure the smooth filing of the case. Subsequently, the lawyer conducted a comprehensive review of the properties, savings, financial products, and pension memberships owned by both parties, and proposed a division plan that meets both the parties' wishes and legal requirements. During the court-organized mediation, the lawyer communicated with the defendant, emphasizing that there were no substantive disputes between the parties, and ultimately helped the parties sign a mediation agreement in court. The court issued a mediation document confirming the dissolution of the marriage, the ownership of their respective properties, and the assumption of their respective debts. The takeaway from this case is that when the other party refuses to agree to a divorce, the choice of legal process itself is a strategy. Promoting mediation on the basis of sufficient evidence is often more efficient than direct confrontation. Even if litigation is initiated, jurisdiction confirmation, material preparation, and property review must be completed simultaneously, otherwise it is easy to consume a lot of time in the procedural phase. This case was 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 recommendations: 1. First, confirm the jurisdiction of the court and the defendant's identity information, and apply for an investigation if necessary. 2. Prepare a timeline, clearly marking the separation, conflicts, communication breakdowns, and key milestones. 3. Organize evidence around the elements of marital breakdown, paying attention to continuity. 4. Simultaneously sort out the property list and assess the timing of property preservation, preparing guarantees in advance. 5. When submitting the request, clearly state divorce, custody, property division, and compensation all at once to avoid omissions. 6. If the other party fails to appear in court, confirm the delivery address and prepare for public notifications. 7. After the judgment denying divorce, carefully summarize the facts not accepted by the court and supplement with new evidence. 8. Comply with the judgment on schedule. If overdue, apply for enforcement. Legal basis: Articles 1079, 1084, and 1091 of the Civil Code of the People's Republic of China (all effective from January 1, 2021); Provisions on divorce litigation, default trials, and property preservation in the Civil Procedure Law of the People's Republic of China (amended in 2023 and effective from January 1, 2024); Lawyer's service fees shall be subject to the currently applicable regulations.

5. Henglue Law Firm's Reminder

Firstly, the number of lawsuits is not the key issue; the evidence is what matters. Repeatedly filing lawsuits without providing additional evidence serves little purpose. Secondly, after being ruled against divorce, there are still options available. If the couple separates for one year after the ruling and files for divorce again, the court should grant the divorce. Thirdly, it's important to secure property preservation as soon as possible. If the property has been disposed of before claiming rights, the difficulty of proving ownership will significantly increase. Fourthly, when the other party delays the litigation process, avoid engaging in heated conflicts with them outside the courtroom or leaving new records of misconduct. Fifthly, pay attention to protecting the psychological feelings of minor children and avoid making them into messengers. Sixthly, actively review joint debts to avoid assuming responsibility for debts fabricated by the other party. Seventhly, throughout the entire process, keep the original evidence carriers and do not just save screenshots of chat records. Eighthly, after the judgment takes effect, actively verify the performance of the obligations to avoid encountering setbacks in the enforcement process despite winning the lawsuit. For details on the enforcement process, please refer to the relevant guidelines.Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: If the other party does not agree to the divorce, can I force a divorce?

Neither party can force the other to agree. Only the court can make a judgment according to law. If a party files a divorce lawsuit unilaterally, the court will first mediate; if the mediation fails, if it can be proved that the marital relationship has indeed broken down, including circumstances such as bigamy, cohabitation with others, domestic violence, or abandoning family members, or living apart for more than two years due to marital discord, the court shall grant the divorce.

Q2: If the first lawsuit is rejected, does that mean the divorce will fail?

No. The judgment refusing divorce is usually phased. According to Article 1079 of the Civil Code of the People's Republic of China, if the parties separate again after the judgment refusing divorce and one party files for divorce again, the court shall grant the divorce. The key point is that when filing the second lawsuit, the party should supplement the evidence that was not accepted in the first lawsuit and maintain the continuity of the separation.

Q3: If the other party fails to appear in court, can the divorce be granted directly?

If the other party refuses to appear in court without a valid reason after being legally summoned, the court may proceed with the trial in absentia and make a judgment. However, the service process needs to be solid: leaving a valid service address, and serving the documents by way of public announcement, it is necessary to keep the corresponding certificates. If the defendant's whereabouts are unknown, the waiting period for service by public announcement will be significantly prolonged, and this should be anticipated in advance.

Q4: Is it necessary to apply for property preservation before filing a lawsuit?

When discovering signs of the other party transferring assets, an early assessment should be conducted. To secure the assets, a guarantee is typically required, the amount of which is usually equivalent to the amount of the preservation order. The guarantee can take the form of cash, real estate, insurance guarantees, or joint and several guarantees by third parties. If the evidence is insufficient or the clues to the assets are unclear, the application for preservation may be difficult to gain support, and it may also trigger countermeasures from the other party. It is recommended that lawyers make the decision based on the quality of the clues.

Q5: How long will the entire litigation process take approximately?

The duration of the process depends on the difficulty of service, the quantity of evidence, whether the property needs to be appraised and authenticated, and whether it involves procedures in other cases. Cases with normal service usually take months to complete; if service by public notice, appeal, or handling in other cases is required, the time will be significantly extended. It is recommended to list the key time points when consulting to avoid affecting your rights and interests due to missing deadlines.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limit.Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglue 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.