[Direct answer]In the Beijing area, even if the other party does not agree to the divorce, it does not prevent the divorce from proceeding. The key is to prove that the marital relationship has indeed broken down. According to Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021), if one spouse requests a divorce, he or she may directly file a divorce lawsuit with the people's court; the court shall conduct mediation. If the marital relationship has indeed broken down and the mediation is ineffective, the divorce shall be granted. The article lists circumstances such as bigamy, cohabitation with others, domestic violence, gambling and drug addiction, and living apart for more than two years due to marital disharmony. If one spouse is declared missing, the other spouse's lawsuit for divorce shall also be granted. In practice, if the first lawsuit is firmly opposed by the other party and the evidence is insufficient, the court may rule against the divorce. However, if the lawsuit is filed again after six months, the divorce will usually be granted. Similar issues can be referred to for reference.Divorce litigation and family disputesColumn.

1. Problem background and typical scenarios

Such disputes often occur in several situations: first, the other party refuses to divorce resolutely in order to delay the division of property, custody, or because they are unwilling to dissolve the relationship; second, the two parties have been in a long-term cold war or separation, but the other party is still unwilling to cooperate; third, one party has committed infidelity, domestic violence, etc., but accuses the other party instead; fourth, the other party is unaccounted for or refuses to appear in court; fifth, foreign marriages involve more complex procedures due to nationality and special residence locations. When handling similar cases in the Beijing area, the court first mediates. If the mediation fails, the court will make a judgment based on the evidence of marital breakdown. For those who lack sufficient evidence in their first lawsuit, the court often rules against divorce, guiding the parties to supplement the evidence and file a lawsuit again.

II. Key points of dispute

First, the proof that the relationship has indeed broken down is the core of the divorce judgment. Second, the burden of proof for statutory grounds for divorce, such as bigamy, domestic violence, bad habits, and separation for more than two years. Third, the path to take after the first lawsuit is rejected, and the possibility of suing again after six months. Fourth, the handling of the other party's whereabouts being unknown or refusal to appear in court, and whether an announcement or a trial in absentia is possible. Fifth, the jurisdiction and procedures of foreign-related marriages. Sixth, the choice between divorce by mediation and divorce by judgment. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Take the marriage validity dispute handled by our firm as an example. Li Xiang and Li Li registered their marriage in Xicheng District, Beijing in 2018. After the marriage, Li Li subjected Li Xiang to domestic violence and mental abuse for a long time, resulting in Li Xiang being diagnosed with moderate depression. Li Xiang entrusted our firm's lawyers to file a lawsuit for divorce, but Li Li firmly refused to divorce in court. The lawyers proceeded to investigate Li Li's household registration address and found that Li Li had registered her marriage with a Swedish man in 2014 and was divorced by a Swedish court in 2018, but she had not applied for recognition by an intermediate court in accordance with Chinese law before the registration. Therefore, the previous marriage had not been dissolved under Chinese law, constituting bigamy. The lawyers decisively changed the claim to confirm the invalidity of the marriage and conducted overseas evidence collection, submitting the additional certificate of the Swedish judgment, notarized translations, and provisions of the Marriage Law. The court fully adopted the lawyers' opinions and ruled on April 30, 2026 that the marriage was invalid. This case shows that the other party's refusal to divorce does not prevent the dissolution of the marriage. Professional lawyers can break the deadlock by verifying the validity of the marriage and collecting evidence of the other party's fault. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (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 suggestions: First, sort out the evidence of the breakdown of the relationship, including separation certificates, chat records, police reports, letters of repentance, and testimonies from neighbors; Second, if there is domestic violence, call the police immediately, seek medical treatment, and document the injuries; Third, if the other party's whereabouts are unknown, prepare materials for declaring them missing or serving legal documents by public notice; Fourth, if the first lawsuit is rejected, file a new lawsuit and provide new evidence after six months; Fifth, for foreign-related marriages, first confirm the jurisdiction and the status of recognition of foreign judgments. In terms of legal basis, Article 1079 of the Civil Code of the People's Republic of China stipulates the standards for litigation divorce and the breakdown of the relationship, and Article 1051 stipulates the circumstances of marriage invalidation such as bigamy; The Civil Procedure Law of the People's Republic of China stipulates the procedures for service, public notice, and default judgment.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, even if the other party does not agree to divorce, it does not mean that the divorce cannot proceed. If the evidence is sufficient, the court will still rule in favor of divorce. Secondly, it's normal for the first lawsuit to be dismissed due to insufficient evidence. There's no need to be discouraged. Submitting the lawsuit again six months later will increase the chances of success. Thirdly, evidence of domestic violence, bigamy, and other faults must be fixed in time. Evidence may be easily lost if submitted after the deadline. Fourthly, foreign-related marriages have special procedures. It's necessary to clarify jurisdiction and the recognition of foreign judgments first. In addition to divorce, issues such as custody, property division, real estate, and creditor-debtor relationships can be referred to separately.Real estate transactions and construction projects、Creditor's rights and debts, and enforcement cases、Inheritance of property and division of assets、Business and contract disputes in enterprises、Beijing Henglu Law FirmThe column gets professional support.

VI. Frequently Asked Questions

Q1: If the other party absolutely refuses to agree to a divorce, can the divorce still proceed?

Yes. According to Article 1079 of the Civil Code, if one party requests a divorce, they can directly file a lawsuit. If the court's mediation fails and the marital relationship has indeed broken down, the divorce should be granted. The other party's disagreement only increases the difficulty of mediation and evidence collection, but does not prevent the divorce. If there are statutory grounds such as bigamy, domestic violence, or separation for more than two years, or sufficient evidence of a broken marital relationship, the court will grant the divorce. If there is insufficient evidence in the first lawsuit, the divorce may not be granted. However, if the lawsuit is filed again six months later, the divorce will usually be granted.

Q2: What evidence is needed if the other party does not agree to the divorce?

Evidence of the breakdown of the relationship should be collected: first, proof of separation, such as a rental contract, a certificate from the neighborhood committee, and records of living in different places; second, communication records, such as WeChat messages and text messages expressing the breakdown of the relationship or refusing to reconcile; third, evidence of faults such as domestic violence and infidelity, such as police reports, letters of repentance, and photos; fourth, witness statements and neighborhood certifications; fifth, clues for serving legal documents to the other party who is unaccounted for or refuses to appear in court. The more complete the evidence is, the greater the chance of winning the divorce case.

Q3: How much does it cost to hire a lawyer if the other party does not agree to a divorce?

The attorney's fees are determined through negotiation based on the complexity of the case, whether it involves foreign elements, and the amount of evidence, with no uniform standard. The litigation fees are charged per case or based on the value of the property involved. For simple divorce cases without large-scale property disputes, the acceptance fee is relatively low. However, if the division of property is also handled, the fees will increase in proportion to the value of the property involved. It is recommended to first conduct a preliminary assessment of the evidence and legal strategies, and then determine the budget and engagement plan to avoid the other party's delay causing uncontrollable costs.

Q4: How long does it usually take for the other party to agree to a divorce?

If the evidence is insufficient in the first lawsuit, the court may rule against the divorce and require the plaintiff to wait six months before filing another lawsuit, which may take about a year in total. If the evidence is sufficient and the mediation is successful, the divorce can be granted or mediated within a few months. For cases involving foreign parties or where the defendant's whereabouts are unknown and a public notice is required, the service and trial process will take longer. The key is to prepare sufficient evidence of the breakdown of the marriage in the first lawsuit to reduce the hassle of repeated litigation.

Q5: Can a divorce be granted even if the other party does not appear in court?

Yes. If the defendant refuses to appear in court without a valid reason after being legally summoned, the court may proceed with the trial in absentia and issue a judgment; if the defendant's whereabouts are unknown, the court may issue a judgment in absentia after serving the defendant by public announcement. However, a judgment of divorce will not be granted automatically in the absence of the defendant. The plaintiff must still prove that the marriage has truly broken down. It is recommended to apply for an investigation into the defendant's whereabouts, fix the clues for service, and submit evidence of the breakdown of the marriage when filing the lawsuit, in order to increase the likelihood of a judgment of divorce in the absence of the defendant.

The above content is based on the judicial practice 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 for specific cases.

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 Xiong Binrong·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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 a timely manner.