[Direct answer]In the Beijing area, marital breakdown is a statutory criterion for the court to grant a divorce, which requires evidence to support it and cannot be based solely on oral statements. According to Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021), if any of the following circumstances exist and the mediation is ineffective, the divorce shall be granted: bigamy or cohabitation with others; domestic violence or abuse and abandonment of family members; gambling and drug addiction that cannot be corrected after repeated warnings; separation for more than two years due to marital discord; or other circumstances leading to the breakdown of the marital relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted; if the court rules against the divorce and the parties separate again for more than one year after the ruling, the divorce shall also be granted if the other party files a lawsuit again. Common supporting materials include police reports, medical certificates, chat records, and evidence of separation, etc. For reference only.Marriage and family matters, and divorce litigationColumn.

1. Problem background and typical scenarios

The situations requiring proof of a breakdown in the relationship are common, including: first, the other party firmly refuses to divorce, and the plaintiff must present evidence of the breakdown to convince the court; second, after the first lawsuit being ruled inadmissible, the plaintiff needs to supplement evidence such as separation; third, there are faults such as infidelity and domestic violence, but the evidence is scattered and not systematic; fourth, the two parties have been living apart for a long time and communication has stalled, and it is unclear how to prove "living apart for two years"; fifth, if one party is missing or has been declared missing, special procedures need to be followed. When courts in Beijing handle divorce cases, they are more cautious in determining the breakdown of the relationship, usually requiring evidence that can reflect the persistence and irreversibility of marital conflicts. Relevant family disputes can be referred to for reference.Marital and family matters, and divorce litigationColumn.

II. Key points of dispute

First, the corresponding evidence for statutory circumstances. The five types of quasi-divorce circumstances each have their own emphasis, and need to be matched item by item. Second, the determination of separation. It emphasizes that separation due to marital discord and lasting for more than two years, and separation due to working in different places but maintaining contact is generally difficult to determine. Third, the completeness of domestic violence evidence. Police reports, warning letters, injury appraisals, and medical diagnoses should form a chain, and the effect of a single piece of evidence is limited. Fourth, the legality of evidence of extramarital cohabitation. Self-collection should not seriously infringe on others' privacy or violate prohibitive legal provisions. Fifth, the proof of persistent bad habits. It requires multiple and continuous evidence, not just one incident. Sixth, the separation period for a second lawsuit should be one year, starting from the date of the judgment refusing divorce and leaving a record. Seventh, the fallback application for other circumstances, such as long-term cold war and mutual failure to fulfill family obligations. Specifically, refer to the current effective laws and regulations and judicial rulings. For cases involving personal injury, please refer to the relevant provisions.Personal injury and medical disputesColumn.

III. Professional analysis by Henglue Law Firm

From the practical experience of lawyers handling divorce disputes at our firm, the difficulty in proving the breakdown of the marriage lies in transforming everyday conflicts into court-admissible evidence. Commonly, proof of separation can be corroborated by rental contracts, community residence certificates, property records, and witness testimonies; proof of domestic violence should include timely police reports and preservation of restraining orders, injury photos, and medical records, as the connection between consecutive medical records may be questioned; proof of infidelity mainly relies on chat records, photos, and transfer information, with emphasis on preserving the original evidence and, if necessary, notarization; and proof of gambling and drug addiction can be provided by administrative punishment decisions or community rehabilitation materials. Judges tend to adopt a cautious attitude toward first-time litigants in Beijing courts, often refusing to grant divorces when evidence is fragmented or based solely on unilateral statements. However, if evidence forms a complete chain, or if the parties separate for over a year after a judgment denying divorce, the likelihood of a divorce ruling significantly increases. Common pitfalls include: secretly entering others' residences to collect evidence, which may be deemed inadmissible due to unlawful evidence-gathering methods; submitting only chat screenshots without preserving the original phone records, leading to questions about authenticity; and continuing to live together or maintaining frequent intimate contact during the separation period, which may be interpreted as disrupting the separation and directly affecting the determination of divorce.

IV. Practical suggestions and legal basis

Action suggestions: First, check the gaps in existing evidence against the five categories of circumstances in Article 1079 of the Civil Code; Second, if you are living apart, keep the rental contract, residence registration, and proof of independent living after moving out of the shared residence to avoid maintaining intimate contact; Third, if you encounter domestic violence, report to the police and seek medical treatment every time, and keep the warning letter, diagnosis certificate, and photos of the injuries; Fourth, if you discover infidelity, immediately fix the chat records and transfer records and keep the original carriers. If necessary, notarize them. For a list of relevant evidence, please refer to the following link:Special services and other cases1. The first category is that the parties have been separated for over a year after the first divorce judgment was not granted, and they continue to live apart and preserve the relevant evidence before suing again after one year. 2. For those whose whereabouts are unknown, they can first apply to the court for a declaration of disappearance. 3. In terms of legal basis, Article 1079 of the Civil Code of the People's Republic of China stipulates the principles of mediation, the five types of circumstances allowing divorce, and the rule that the second lawsuit must be filed after the parties have been separated for over a year. 4. Article 1091 of the Civil Code stipulates that if the divorce is caused by the fault of the other party, such as bigamy, cohabitation with others, or domestic violence, the innocent party has the right to request damages.

5. Henglu Law Firm's Reminder

Risk warning: First, the burden of proof for a marital breakdown lies with the party initiating the lawsuit. If the evidence is insufficient, it's common for the first lawsuit to result in a judgment of non-divorce. You should have a psychological expectation and make plans for a second lawsuit. Second, evidence collection must not violate the law. Entering others' residences, eavesdropping, and taking photos without authorization may not only render the evidence invalid, but also lead to liability for infringement. Third, the continuity of evidence of separation is most easily disrupted. A single instance of cohabitation during this period may be deemed as an interruption. It's essential to maintain an independent living status. Fourth, evidence of fault can also support claims for damages in a divorce, so it should be collected simultaneously with evidence of marital breakdown. Fifth, when children are involved, avoid exacerbating conflicts and affecting the children during the process of evidence collection and litigation. If you need to evaluate the evidence system, you can consult a professional for advice.Beijing Henglu Law FirmThe same category on the official website.

VI. Frequently Asked Questions

Q1: Does getting legally separated for two years automatically lead to a divorce?

No. There is no automatic divorce in China. Regardless of how long the separation lasts, the dissolution of marriage can only be achieved through registered divorce or litigation divorce. A separation of more than two years is just one of the statutory circumstances under which the court should grant a divorce when it determines that the marriage has broken down and mediation has failed. Moreover, it is necessary to prove that the separation is due to marital disharmony and has lasted continuously for more than two years, and the burden of proof lies with the party claiming the separation. If the divorce formalities are not completed, the marriage relationship will still exist, and getting married again at this time may constitute bigamy.

Q2: Can the secretly recorded audio and photos be used as evidence of a broken relationship?

It is allowed under certain conditions. Recording a conversation between two parties or filming daily life scenes in one's own premises or public places, which does not seriously infringe upon others' legitimate rights and interests, violate prohibitive legal provisions, or seriously violate public order and good customs, can be used as evidence. However, if one trespasses into others' residences or installs equipment to eavesdrop or take photos in third parties' private spaces, the evidence may be excluded, and the person may also bear tort liability. Before obtaining evidence, it is recommended to consult a lawyer to determine a legal method to avoid winning the evidence but losing the case.

Q3: If the other party doesn't agree to the divorce and can't be reached, what should I do?

The lawsuit can still be filed. If the other party's whereabouts are unknown, the court may serve the notice through public announcement. Once the announcement period expires, it shall be deemed as having been served. If the marriage relationship breaks down after the trial in absentia, the divorce may be granted; if the conditions for declaring the other party as missing are met, the party may first apply to the court for a declaration of disappearance. According to Article 1079 of the Civil Code, if one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. It is recommended to organize the other party's last known residence and relatives' contact information for the court to verify.

Q4: What should I do if the court refuses to grant the divorce for the first time?

Don't be discouraged. This is often an inevitable stage. If the two parties continue to live apart after the judgment takes effect, make sure to keep the evidence of separation and wait for one year. During this period, if there are new situations such as domestic violence or infidelity, continue to collect evidence. According to Article 1079 of the Civil Code, if the two parties live apart for one year after the judgment refusing divorce and one party files a lawsuit again, the divorce shall be granted. When filing a second lawsuit, claim custody and property division at the same time to avoid repeated procedures.

Q5: How much does it cost to hire a lawyer to prove that the relationship has broken down?

For pure divorce litigation cases that do not involve large amounts of property, the case acceptance fee is relatively low, and the attorney's fee is determined through negotiation based on the complexity of the case and the amount of evidence organization work. For cases involving property division, the fee is charged based on the value of the subject matter. Compared with the cost, what matters more is whether the lawyer can guide the construction of the evidence system and the planning of the litigation process, which directly determines whether there is a need for a second lawsuit and the overall time and cost involved. It is recommended to consult and evaluate the case first before deciding to hire a lawyer. For related family services, you can refer to the relevant information for reference.Marriage and family matters, and divorce litigationColumn.

The above Q&A is mainly based on judicial practice in Beijing. There may be differences in the interpretation of judgments in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits. →Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is provided 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.