[Direct answer]In the Beijing area, evidence should be collected in accordance with the statutory circumstances to prove the breakdown of the relationship. 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, drug addiction, and other bad habits that cannot be corrected after repeated warnings; separation for more than two years due to marital discord; and other circumstances that lead to the breakdown of the marital relationship. In addition, if the parties have been separated for more than one year after the people's court has ruled against the divorce, and one party files for divorce again, the divorce shall be granted. Common evidence includes police report receipts and warning letters, medical diagnoses and injury photos, letters of repentance and guarantees, chat records, rental contracts after separation, and witness statements, etc. For reference only.Marriage and family matters, and divorce litigationColumn.

I. Problem Background and Typical Scenarios

These types of issues often arise in several situations: one party firmly refuses to divorce, and the plaintiff needs to prove that the marriage has truly broken down; the first lawsuit was ruled against divorce, so the plaintiff prepares additional evidence to sue again; the parties have been separated for a long time, but the other party denies that there is marital discord; the plaintiff suffers from domestic violence or extramarital affairs, but lacks sufficient evidence; the defendant has bad habits such as gambling or drug addiction, but there are no fixed records of these behaviors. When the Beijing area courts review whether the marriage has broken down, they usually consider factors such as the marital foundation, the marital relationship after marriage, the reasons for the breakdown, the current situation, and the possibility of reconciliation. In these cases, relying solely on single pieces of evidence is often ineffective, and it is more crucial to present evidence in a systematic and comprehensive manner.

II. Key points of dispute

First, the corresponding evidence for statutory circumstances, such as bigamy, cohabitation, domestic violence and abuse, and persistent bad habits that cannot be corrected, as well as separation for more than two years, each have different evidentiary requirements. Second, the determination of the continuity of separation for more than two years requires a chain of evidence such as rental contracts, community certificates, and residence registration, and it is difficult to prove occasional visits home or living together in the same house. Third, the integrity of evidence of domestic violence should be corroborated by police reports, warning letters, diagnostic certificates, and photos of injuries. Fourth, the court usually gives a chance to remedy the situation when evidence is insufficient in the first lawsuit. Fifth, the conditions for a second lawsuit: if the court rules against divorce but the couple separates again for more than a year and then sues again, the court should rule in favor of divorce. Sixth, the balance between mediation and reconciliation. Specifically, the current effective laws and regulations and judicial rulings shall prevail. For cases involving claims of both property and custody, reference can be made to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

From the practical experience of lawyers handled by our firm, it is most important to avoid scattered and isolated evidence when proving the breakdown of a relationship. For domestic violence cases, a clear chain of evidence should be established: the police report and warning letter prove the timing of the incident, the hospital diagnosis and injury photos demonstrate the consequences, and the other party's written guarantees and repentance letters confirm the recurrence of the violence. For infidelity cases, the focus should be on chat records, photos, and hotel check-in records, with emphasis on preserving the original evidence and avoiding misinterpretation. For bad habits, administrative punishment decisions and community or workplace certifications can be collected. For separation cases, rental contracts, residence registration, property certifications, and witness statements need to be presented in a continuous sequence. Common pitfalls include: relying solely on verbal accusations without objective evidence; chat records that have been deleted or not notarized; living at the same address despite being separated for years; and failing to report domestic violence incidents and only providing oral testimonies afterward. Organizing the evidence into a chronological booklet and labeling its sources will enhance its persuasiveness in both mediation and litigation processes.

IV. Practical suggestions and legal basis

Action recommendations: First, review the evidence item by item in accordance with the statutory circumstances and make up for what is lacking; Second, it is necessary to report domestic violence and bad habits to the police and leave evidence. Third-party records are far better than retroactive evidence; Third, maintain continuous evidence of separation and register changes in address in a timely manner; Fourth, preserve the original carrier of electronic evidence and, if necessary, fix it through notarization; Fifth, even if the first lawsuit does not result in a divorce, it can still fix the other party's attitude and factual statements in the courtroom, paving the way for a second lawsuit. In terms of legal basis, Article 1079 of the Civil Code of the People's Republic of China lists the statutory circumstances for granting a divorce and the rules for second-time litigation; The Anti-Domestic Violence Law of the People's Republic of China (implemented on March 1, 2016) stipulates systems such as warning letters and personal safety protection orders, which can be used as evidence of domestic violence and protection. For evidence organization and document highlights, please refer to the relevant materials.Special services and other casesColumn.

5. Henglu Law Firm's Advice

Risk Warning: Firstly, there is discretionary room in determining whether a relationship has broken down. If there is insufficient evidence, it is common for the first lawsuit to result in a non-divorce judgment, so it's not advisable to harbor unrealistic expectations. Secondly, evidence collection should be carried out in accordance with the law. Materials obtained through methods such as trespassing on private property or illegal eavesdropping and photography may not be admitted as evidence and may even lead to legal liability. Thirdly, during the separation period, it's important to avoid becoming entangled with the other party's finances or child arrangements to prevent evidence from being confused. Fourthly, the requirement of "being separated for another year" for a second lawsuit must be supported by continuous evidence. It is recommended to seek legal advice as soon as possible.Beijing Henglu Law FirmOn the official website, similar columns are available, where professional lawyers evaluate the evidence and the legal process.

VI. Frequently Asked Questions

Q1: Can a divorce be granted without any statutory grounds?

It's possible, but it's quite challenging. Article 1079 of the Civil Code, in addition to listing the statutory circumstances, also includes a catch-all clause for "other circumstances leading to the breakdown of the marital relationship". The court will comprehensively evaluate the marital foundation, the marital relationship after marriage, the reasons for the breakdown, the current situation, and the possibility of reconciliation. If the couple have been arguing for a long time and failing to fulfill their family obligations, even if it does not fall under the listed circumstances, the court may grant a divorce if the evidence is sufficient. In practice, it's more prudent to supplement the evidence in accordance with the statutory circumstances, or to wait until the court refuses to grant a divorce and the couple have been living apart for one year before filing a lawsuit again.

Q2: How to prove that we have been separated for more than two years?

It is necessary to prove the start and end dates of the separation and its continuity. Common evidence includes: rental contracts and rent payment records, residence certificates issued by the community or property management, residence registration information, dormitory certificates from the workplace, witness statements, and chat or email records between the parties regarding the separation. Note that the separation must be due to marital discord rather than work-related reasons. Occasional visits home to see children generally do not affect the determination, but it is more difficult to prove that the couple lived together in the same house but separately. The evidence should form a continuous chain covering the entire period of separation.

Q3: What evidence should be collected for a divorce case involving domestic violence?

A complete chain of evidence should be formed, including: the receipt of the alarm report, the record of the police response, and the warning letter; the hospital's diagnosis certificate, medical records, and photos of the injuries; the guarantee letter and repentance letter written by the other party; the admissions in the chat records; the testimonies of witnesses; and, if necessary, applying for a personal safety protection order, which itself is also evidence of domestic violence. According to the "Anti-Domestic Violence Law of the People's Republic of China" (implemented on March 1, 2016), domestic violence is a statutory ground for divorce, and the innocent party may also claim damages under Article 1091 of the Civil Code.

Q4: How much does it cost to file for divorce in court?

The fees include attorney's fees and litigation fees. Attorney's fees are determined based on the complexity of the case, the scale of the property, and whether it involves custody or compensation negotiations, with no uniform standard; litigation fees are charged on a per-case basis if they do not involve property division, and are calculated cumulatively based on the total property value if they do involve property division. Partial victories are shared proportionally. If there is a need for public notice service or property appraisal, additional fees will be incurred. It is recommended to first clarify the litigation demands and the scope of the property, then consult a lawyer to form a budget to avoid blindly comparing prices.

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

The first step is to review and strengthen the evidence in accordance with the statutory circumstances; the second step is to attempt court mediation, during which the mediation of divorce is not subject to the preconditions of the other party; the third step is to file the first lawsuit with insufficient evidence to fix the other party's attitude and facts, and to maintain the separation and leave traces after the judgment of non-divorce; the fourth step is to claim custody rights, property division, and compensation at the same time. For reference, please refer to the following materials:Marital and family matters, and divorce litigationThe column explains the key points of the program.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Divorce litigation legal services·Beijing Henglu 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.