[Direct answer]In the Beijing area, if the other party does not agree to the divorce, the first lawsuit will generally not result in a direct divorce judgment, but there are exceptions. According to Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021), the court shall first mediate in divorce cases; if the marital relationship has indeed broken down and the mediation is ineffective, the divorce shall be granted. If the other party firmly refuses to agree to the divorce at the first instance and the plaintiff fails to provide sufficient evidence of the breakdown of the marital relationship, the court will usually rule against the divorce; however, if there are statutory circumstances such as bigamy, domestic violence, or separation for more than two years, or if the parties separate again for more than one year after the court's ruling against the divorce, the divorce shall still be granted. It is recommended to first evaluate the evidence and, if necessary, consult with a lawyer for advice.Marital and family matters, and divorce litigationColumn.

1. Problem background and typical scenarios

Such problems are common in several situations: First, the plaintiff files for divorce for the first time, but the defendant firmly refuses to agree, and the two parties argue over whether their marriage has broken down. Second, the plaintiff alleges that the other party has been unfaithful or committed domestic violence, but the evidence is not sufficient. Third, both parties have the intention to divorce, but they cannot reach an agreement on the division of property or the custody of children, and the defendant uses the refusal to divorce to exert pressure. Fourth, in foreign-related marriages, both parties are foreign nationals, and the domestic civil affairs bureau cannot handle the divorce registration, so the divorce can only be dissolved through litigation or mediation in court. Fifth, after being ruled against divorce for the first time, the plaintiff supplements the evidence and files for divorce again. When handling similar cases in Beijing, the court usually first reviews the evidence of marital breakdown and the possibility of mediation, and then determines whether a divorce can be granted. The relevant procedures can be referred to for reference.Marital and family matters, and divorce litigationColumn.

II. Key points of dispute

First, whether the relationship has truly broken down is the core criterion for granting a divorce, which needs to be judged based on statutory circumstances and evidence. Second, there is a cautious tendency towards the first lawsuit. When the other party disagrees and there is no sufficient evidence, the court generally gives them a chance to save the marriage. Third, whether the statutory circumstances for granting a divorce exist, such as bigamy, domestic violence, and separation for more than two years. Fourth, the conditions for the second lawsuit. If the court rules against the divorce and the parties then separate for more than a year before filing another lawsuit, the divorce should be granted. Fifth, the possibility of mediation for divorce. Even if the other party disagrees, reaching a mediation agreement through the court's mediation can dissolve the marriage in one go. Sixth, the impact of sufficient evidence on the outcome. The specific determination shall be based on the currently effective laws, regulations, and judicial rulings. For matters involving alimony and property enforcement, reference can be made to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Law Firm

Taking a divorce dispute handled by our firm as an example, we can observe the subsequent developments after the first lawsuit was dismissed. Wang *sheng and Zhang *hua registered their marriage in 2006 and had a son (11 years old). In April 2025, Zhang *hua filed for divorce first, but Wang *sheng tried to save the marriage. In August of the same year, the court ruled against the divorce. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair during the marriage, so he entrusted our firm's lawyers to file another lawsuit, claiming to dissolve the marriage, have the children raised by him, and divide 70% of the joint property according to the principle of protecting the innocent party. The court found that Zhang *hua had continued to have an affair after the first dismissal, and the marriage had indeed broken down. It granted the divorce and supported Wang *sheng in obtaining 70% of the joint property (the house, car, and truck were awarded to the plaintiff, and some equipment was divided in a 7:3 ratio) according to the principle of "protecting the children, the wife, and the innocent party's rights". Zhang *hua was ordered to pay 550 yuan per month in alimony until the children reach adulthood. This case shows that it's common for the first lawsuit to be dismissed due to the other party's disagreement and insufficient evidence, but filing another lawsuit after providing evidence of the other party's fault often leads to a divorce and a favorable property division. In another foreign-related divorce dispute, both parties were foreign nationals who had lived in Beijing for a long time. The marriage broke down due to the husband's infidelity, and the domestic civil affairs bureau was unable to handle the divorce registration. The parties entrusted our firm's lawyers to reach an agreement through court mediation to dissolve the marriage and return the property under each party's name to them, confirming that mediation can also resolve disputes even when one party disagrees. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (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: First, systematically organize evidence of the breakdown of the relationship before the first lawsuit, such as chat records of infidelity, police reports and diagnosis certificates of domestic violence, separation agreements and proof of residence; Second, if the evidence is insufficient, you can file a lawsuit first and supplement the evidence according to the results, taking advantage of the rule that the court will not grant a divorce if the separation lasts for more than a year after the judgment; Third, put forward claims for child custody and property division together. You can refer to the relevant text points for more detailsSpecial services and other cases1. Columns; 2. Four, prioritize mediation to resolve divorces and avoid procedural repetition; 3. Five, pay attention to statutory time limits and keep records of the key points such as the one-year separation period and the re-filing of lawsuits. 4. In terms of legal basis, Article 1079 of the Civil Code of the People's Republic of China stipulates the principles of mediation and the circumstances of quasi-divorce, Article 1084 establishes the principle that child custody should be in the best interests of minors, and Article 1087 clarifies that in divorce cases, the division of marital property shall be determined in accordance with the principles of protecting the rights and interests of children, women, and the non-at-fault party.

5. Henglue Law Firm's Reminder

Risk Warning: Firstly, if the first lawsuit fails to gain the other party's consent and lacks sufficient evidence, there's a high probability that the divorce will not be granted, so it's not advisable to expect a guaranteed victory. Secondly, for the second lawsuit, the requirement of "being separated for one year" needs continuous evidence of separation, which is difficult to prove if the separation is intermittent. Thirdly, mediation for divorce is efficient and low-conflict, allowing for a one-time resolution of the dispute even if the other party disagrees. Fourthly, property division and custody rights should be claimed together with the divorce to avoid separate litigation. It is recommended to fix the evidence as soon as possible and seek legal advice when necessary.Beijing Henglu Law FirmFor similar columns on the official website, the path is evaluated by professional lawyers.

VI. Frequently Asked Questions

Q1: If the other party refuses to agree to the divorce in the first lawsuit, can the divorce still be granted?

Generally, it's not possible. According to Article 1079 of the Civil Code, the court uses "their feelings have indeed broken down" as the standard for granting a divorce. If the defendant firmly refuses to agree to the divorce in the first lawsuit and the plaintiff fails to provide sufficient evidence of circumstances such as bigamy, domestic violence, or separation for more than two years, the court usually rules against the divorce to give both parties a chance to reconcile. However, if the evidence is solid or the divorce can be mediated, the marriage can still be dissolved. It is recommended to first evaluate the strength of the evidence before deciding on a strategy.

Q2: What evidence do I need to prepare if I want to get a divorce on the first attempt?

The following materials should be collected to prove the breakdown of the marriage: first, evidence of bigamy or cohabitation, such as abnormalities in the marriage registration and proof of living together; second, evidence of domestic violence, including police reports, hospital diagnoses, photos of injuries, and witness statements from neighbors; third, evidence of infidelity, such as chat records, photos, and letters of repentance; fourth, evidence of separation, including rental contracts, community certificates, and separation agreements; fifth, evidence of the children's and property status. The more complete the evidence is, the higher the likelihood of a divorce being granted in the first instance.

Q3: How much does it cost to file for divorce in court?

The fees include attorney's fees and litigation fees. Attorney's fees are negotiated based on the complexity of the case and the amount of the claim, with no standardized rates; litigation fees are charged based on the amount of the litigation request (usually involving the total amount of property when dividing property), and the portion of the winning claim is shared proportionally. For simple divorce litigation that does not involve large-scale property division, the fees are relatively manageable. Specifically, it should be based on the scale of the property and whether to claim custody and compensation assessment together. It is recommended to consult first and then make a budget.

Q4: How long does a divorce lawsuit typically take?

If the first-instance court rules against the divorce, the ordinary first-instance procedure generally takes no more than six months. If the court rules against the divorce, the plaintiff needs to wait until after a one-year separation period before filing the lawsuit again, and the overall process often lasts more than a year and a half. Mediated divorces are faster, and can be completed within a few months. The second-instance procedure takes about three months. The execution stage depends on the cooperation of the other party and the status of the property. The key is to fix the evidence of the breakdown of the marriage and the separation as soon as possible to avoid missing key points and delays.

Q5: What should I do if the other party doesn't agree to a divorce?

The first step is to sort out the evidence of the emotional breakdown and determine whether it meets the statutory grounds for divorce; the second step is to strive for a divorce agreement or court mediation if communication is possible, which is more efficient; the third step is to use the first lawsuit with insufficient evidence as a prelude, and pay attention to keeping the judgment of refusal to divorce and the subsequent evidence of separation for one year; the fourth step is to claim custody rights, property division in favor of the at-fault party, and damages at the same time when filing a second lawsuit; the fifth step is to entrust a professional lawyer to formulate litigation and mediation plans when necessary, and refer to relevant cases for reference.Marriage and family matters, and divorce litigationColumn.

The above content is based on the judicial practices 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 about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence 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 open 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.