[Direct answer]In the Beijing area, after the first divorce lawsuit is rejected by the court, the parties are not obliged to accept it. They can file a lawsuit again after the judgment takes effect for six months, or they can increase the probability of a second divorce by providing evidence such as a fixed separation for one year and the other party's fault. According to Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021), if the parties have been separated for one year after the judgment refusing divorce, the court shall grant the divorce upon the party's second lawsuit. The first rejection is often due to the court's belief that the marriage has not yet broken down. It is recommended to continue collecting evidence of separation, communication breakdown, and the other party's fault to avoid showing a facade of living together. Similar situations can be referred to for reference.Divorce litigation and family disputesColumn.

I. Problem Background and Typical Scenarios

These situations are very common in marital and family cases: First, one of the spouses firmly refuses to divorce, and the first lawsuit is dismissed due to the other party's refusal and insufficient evidence; Second, the couple has been separated for many years but lacks written evidence, and the court determines that their feelings have not broken down; Third, one party has been out of contact, gone abroad, or refused to cooperate for a long time, making it difficult to grant a divorce in the first lawsuit; Fourth, after the first lawsuit, the couple briefly reconciled but then their conflicts intensified, requiring a second lawsuit; Fifth, when there are disputes over child custody or property division, the court tends to mediate first and be cautious in granting a divorce. When handling such cases in Beijing, the court usually first reviews the facts determined in the first judgment and the current situation of the parties, then assesses the chances of success of the second lawsuit, and, if necessary, supplements the evidence based on the timeline of the separation. For cases involving family property, the court may refer to the relevant provisions of the Marriage and Family Code of the People's Republic of China for reference.Inheritance of assets and division of marital propertyColumn.

II. Key points of contention

First, whether the marital relationship has truly broken down is the core criterion for determining divorce in litigation. Second, whether the couple has actually been living apart for one year after the first judgment refusing divorce is a key issue, with the time point and evidence being crucial. Third, whether the other party has committed faults, such as domestic violence, infidelity, or bad habits, which will affect the judge's evaluation of the case and the apportionment of fault. Fourth, the probability of a divorce judgment in the second lawsuit. Generally, the likelihood of a divorce judgment in the second lawsuit is significantly higher, but it is not inevitable. Fifth, whether the issues of child custody and property division are handled first will affect the litigation strategy. Sixth, the sufficiency of evidence. Oral claims alone are difficult to be accepted. Specific determinations shall be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

Taking the divorce dispute handled by Attorney Xiong Binrong of our firm as an example, it can be clearly seen that the key to winning a divorce judgment after a second lawsuit lies in evidence. Liu Gang and Li Lina confirmed their relationship in 2009, registered their marriage in Beijing in 2012, had children, and later went to live in the United States. They separated in 2020. In July 2023, Liu Gang filed for divorce for the first time, but Li Lina did not appear in court. The court dismissed the case, ruling that the marriage had not completely broken down. Liu Gang then entrusted Attorney Xiong Binrong of our firm to file a second divorce lawsuit. The attorney submitted screenshots of WeChat messages, text messages, emails, and immigration records, proving that the couple had been separated for many years, that Li Lina refused to return to China to cooperate and blocked contact with Liu Gang, and that there was no possibility of reconciling their relationship; furthermore, the man was not at fault and had continued to pay child support. The People's Court of Shunyi District, Beijing ultimately granted the divorce. This case shows that the core of winning a divorce judgment after a second lawsuit is to prove that the marriage has indeed broken down with a complete chain of evidence, rather than simply repeating the lawsuit; this case was handled by Beijing Henglue 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. After the first rejection, avoid establishing evidence of cohabitation with the other party, maintain a separated state, and retain proof of rent, utilities, and neighborhood certificates. 2. Systematically collect evidence of communication disruptions such as WeChat messages, text messages, emails, and phone records, as well as materials showing the other party's fault. 3. If the other party goes missing or leaves the country, promptly use public notices to deliver legal documents to advance the litigation process. 4. Wait until six months after the judgment takes effect and one year after separation before filing a second lawsuit to increase the likelihood of a divorce ruling. 5. For issues involving child custody and property division, sort out property clues in advance. Legal basis: Article 1079 of the Civil Code of the People's Republic of China stipulates that if a divorce is not granted after the first judgment, and the parties remain separated for one year before filing a second lawsuit, the divorce should be granted. For related litigation procedures, please refer to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, being rejected the first time doesn't mean you can't get a divorce. If you file a second lawsuit with sufficient evidence, the probability of getting a divorce will usually be higher. Secondly, separation for more than a year is an important circumstance stipulated by law for granting a divorce, but it requires evidence to support the time node. Thirdly, if the other party is uncontactable or refuses to cooperate due to being abroad, you can resolve the issue through public notice service and foreign-related procedures, without having to remain in a stalemate for a long time. Fourthly, do not resume cohabitation after being rejected, so as to avoid overturning the fact of separation. It is recommended to entrust a professional lawyer as soon as possible to develop an evidence plan and a litigation schedule. For more family protection pathways, please refer to the relevant materials.Beijing Henglue Law FirmThe official website andLand expropriation and demolition, and administrative litigationColumn.

VI. Frequently Asked Questions

Q1: Can I file for divorce again after my first lawsuit was rejected?

Yes. After the judgment of not granting the divorce, the plaintiff may file for divorce again after the judgment takes effect for six months; if the two parties have been separated for one year, the second lawsuit should be granted according to Article 1079 of the Civil Code. There is no limit on the number of second lawsuits, but the key is to strengthen the evidence of marital breakdown and improve the probability of obtaining a divorce judgment.

Q2: What evidence do I need to prepare for a second lawsuit for divorce?

The core evidence includes: the first judgment, which proves that there has been a lawsuit; evidence of separation, such as rental contracts, utility bills, and neighbor's testimonies; evidence of communication breakdown, such as screenshots of WeChat messages and emails, and blacklisting records; evidence of the other party's fault, such as domestic violence police reports and infidelity materials; and immigration records, which are used to prove that the other party has not returned to the country for a long time or that the couple has been separated. The more complete the chain of evidence is, the higher the likelihood of a divorce judgment.

Q3: How much does it cost to hire a lawyer for a second divorce lawsuit?

The fees mainly include attorney's fees and litigation fees. Attorney's fees are determined based on the complexity of the case and whether it involves property negotiations, with no uniform standard; litigation fees are charged according to whether it involves property division and the amount of the claim. For cases not involving large amounts of property, fees are charged per case. The specific amount should be assessed based on the property situation and the difficulty of evidence collection. It is recommended to first make a preliminary judgment on the case and then determine the budget.

Q4: How long does it usually take to obtain a divorce judgment after filing a second lawsuit for divorce?

It takes at least six months after the first judgment takes effect before a lawsuit can be filed again. The first-instance ordinary procedure for the second lawsuit generally does not exceed six months, and it may be shorter if the case is clear. If it involves public service delivery, foreign service delivery, or property appraisal, the time will be extended accordingly. From the first rejection to the final divorce judgment, it usually takes more than a year overall, and the key lies in the evidence and procedural arrangements.

Q5: How to divorce if the other party is uncooperative or uncontactable?

If the other party refuses to cooperate or goes missing, the case can be prosecuted in court and served by public announcement; if one party is permanently abroad, the case shall be handled in accordance with foreign-related procedures and tried by a court with jurisdiction in China. The focus should be on fixing the evidence of separation, communication breakdown, and entry and exit to prove that the marriage has indeed broken down. Reference can be made to the following cases:Beijing Henglu Law FirmFollow the path of case analysis on the official website and entrust a lawyer to develop a plan.

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

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.