[Direct answer]In the Beijing area, when the other party does not agree to divorce, the length of separation is an important criterion for the court to determine that the marriage has broken down. According to Article 1079 of the Civil Code of the People's Republic of China (effective from January 1, 2021), if the couple has been separated for more than two years due to marital disharmony and the mediation is ineffective, the divorce shall be granted; if the people's court rules against the divorce and the couple has been separated for more than one year after that, and one party files for divorce again, the divorce shall be granted. It should be noted that separation does not automatically lead to divorce, and it must be continuous separation due to marital disharmony and supported by evidence. If the evidence is insufficient, the parties may first request mediation, or continue to live apart for more than one year after the first ruling against divorce before suing again. The relevant procedures can be referred to for more details.Marriage and family matters, and divorce litigationColumn.

1. Problem background and typical scenarios

Such problems often arise in several situations: one party firmly refuses to divorce, while the other party sues on the grounds of separation; after the first lawsuit is ruled against divorce, the parties do not know how to proceed; the parties work in different cities and there is a fact of separation, but lack evidence; the other party delays the proceedings and competes for property or children. In the judicial practice of the Beijing area, the court's review of separation is relatively strict, usually requiring that the cause of separation is marital disharmony, a continuous and stable state, and supported by evidence such as lease contracts, community certificates, and chat records. Simply working in different cities is often not recognized as a legal separation situation. Those who are preparing to sue can refer to this at the same timeMarriage and family matters, and divorce litigationUnderstand the procedural and evidentiary requirements of the column.

II. Key points of contention

Focus One: The determination of separation requires that the marital discord lasts for at least two consecutive years. Occasional living together or being apart due to work does not usually constitute separation. Focus Two: The probative force of evidence of separation, such as rental contracts, residence certificates, WeChat records, and witness testimonies, can form a chain of evidence. Focus Three: The rule of second litigation after being denied divorce but still separating for one year, which is the most effective path when the other party refuses to agree. Focus Four: Concurrent claims of statutory circumstances such as bigamy, cohabitation with others, and domestic violence. Focus Five: The possibility of mediated divorce, even if one party refuses, a mediation agreement reached under the court's supervision can also dissolve the marriage. Focus Six: The management of property and the handling of childcare expenses during separation. Specifically, the current effective laws and regulations and judicial rulings shall prevail. For property identification, reference can be made to relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

Taking a divorce dispute handled by our firm as an example, we can see the progress path after the first divorce petition being rejected. Wang *sheng and Zhang *hua registered their marriage in 2006 and had a son. 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 cheated on him during the marriage, so he entrusted our firm's lawyers to file for divorce again, claiming to dissolve the marriage, have the child live with him, and divide the property according to the principle of protecting the innocent party. The court found that Zhang *hua had cheated on him even after the first rejection, and the marriage had indeed broken down. The court granted the divorce, with the child living with Wang *sheng, and Zhang *hua paying 550 yuan per month in alimony until the child reaches adulthood. Wang *sheng received 70% of the joint property according to the principle of "protecting the rights of the children, the wife, and the innocent party". In another foreign-related divorce dispute, both parties were foreign nationals who had lived in Beijing for a long time. The domestic civil affairs bureau was unable to handle the divorce registration, so after one party filed for divorce, the court mediated and the two parties voluntarily reached an agreement to dissolve the marriage, with each party keeping their own property and bearing their own debts. This shows that even if the procedures are complex or one party has initial concerns, mediation can still achieve the divorce. This case was handled by Beijing Henglu 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. If you decide to separate, start documenting the process immediately. Sign a separation agreement or clarify the facts and reasons for the separation via WeChat, and keep the rental contract and proof of residence. 2. During the separation period, avoid living together or having frequent intimate contact with your spouse to prevent the continuity of the separation from being denied. 3. After the first judgment denying divorce, do not rush to file another lawsuit immediately. Instead, maintain continuous separation for one year and collect solid evidence, which will strengthen your case for the second lawsuit. 4. If there are circumstances such as infidelity or domestic violence, simultaneously collect evidence of the spouse's misconduct, including police reports, chat records, and medical diagnoses. 5. Agree on the division of assets and debts during the separation period in advance to avoid escalating disputes. Legal basis: Article 1079 of the Civil Code of the People's Republic of China stipulates that if the couple has been separated due to marital disharmony for more than two years and the court denies the divorce application, the court shall grant the divorce upon the couple's second request for divorce after another year of separation. Article 1087 clarifies that in the event of divorce, the couple's jointly owned property shall be divided in accordance with the principles of protecting the interests of the children, the wife, and the innocent party. For issues involving property division, you may also refer to the relevant provisions of the Marriage and Family Code of the People's Republic of China.Property sales and construction projectsColumn.

5. Henglue Law Firm's Reminder

Risk Warning: Firstly, separation does not automatically mean divorce. In any case, the dissolution of marriage requires registration of an agreement or a court judgment; Secondly, the evidence requirements for "separation due to marital disharmony for more than two years" are high, and mere records of working in different places are usually not accepted; Thirdly, a second lawsuit does not necessarily lead to a divorce judgment. If the couple resumed cohabitation or the separation was interrupted during this period, the court may still refuse to grant a divorce; Fourthly, acts such as transferring property or obstructing visitation during the separation period will affect the subsequent division of property and the determination of custody rights. It is recommended to formulate a litigation and evidence plan as soon as possible and seek legal advice when necessary.Beijing Henglu Law FirmThe same type of column on the official website.

VI. Frequently Asked Questions

Q1: Does separation for two years automatically lead to divorce?

No. There is no automatic divorce in China. There are only two ways to dissolve a marriage: either the couple goes to the marriage registration authority to divorce by agreement, or they file a lawsuit with the court and the divorce is dissolved by judgment or mediation. Separation for two years is just one of the statutory circumstances in which the court deems that the marriage has broken down and should be granted a divorce, and the divorce still needs to go through the litigation process. Even if the couple has been separated for many years and has not gone through the divorce registration or obtained a valid judgment document, the marriage relationship still exists in law.

Q2: What evidence do I need to prepare to prove separation?

Common evidence includes: housing lease contracts and rental payment records; residence certificates issued by the neighborhood committee, property management company, or police station; communication records about the separation from both parties on WeChat or SMS; separation agreements or written notification letters; witness statements; and photos and spending records showing that each party lived independently during the separation. The evidence should reflect that the cause of the separation was a breakdown in the relationship, with a continuous timeframe and stable state. Evidence that corroborates each other is more persuasive in proving the separation.

Q3: If the court doesn't grant the divorce in the first instance, will it definitely grant the divorce in the second instance?

It's not inevitable, but the basis is more solid. According to Article 1079 of the Civil Code, if the parties have lived apart for one year after the court's decision not to grant a divorce, and one party files for divorce again, the divorce shall be granted. The key point is that "living apart for one year" must be continuous and supported by evidence. If the parties live together again during this period, it will be difficult to apply this rule. For those who file for divorce a second time without the fact of separation, the court will still comprehensively assess whether the marriage has broken down. Providing evidence of infidelity, domestic violence, and other faults can significantly increase the likelihood of a divorce being granted.

Q4: How much does a divorce lawsuit cost, and how long will it take to finalize the divorce?

The fees include attorney fees and litigation fees. Attorney fees are negotiated based on the complexity of the case and the scale of the property, with no standardized rates; litigation fees are charged in stages according to the amount of the litigation request, and the fees increase when dealing with large-scale property division. In terms of time, the first-instance ordinary procedure generally does not exceed six months, and mediation for divorce is even faster; if the first divorce application is denied and the couple then live apart for more than a year before suing again, the overall cycle often exceeds one and a half years. Fixing the evidence of separation and fault as early as possible is the key to shortening the cycle.

Q5: If the other party is dragging their feet and refusing to divorce, how should we handle the situation step by step?

The first step is to secure evidence of the breakdown of the relationship, including records of separation and materials proving infidelity, domestic violence, and other misconduct. The second step is to assess whether it's possible to reach an agreement or mediate a divorce, which is more efficient. The third step is to file a lawsuit first if there's insufficient evidence, obtain a judgment prohibiting divorce, and maintain the separation. The fourth step is to file a lawsuit again after one year of separation, simultaneously claiming custody rights and property division. The fifth step is to entrust a professional lawyer to develop an overall plan, which can be referenced for future use.Marriage and family matters, and divorce litigationColumn.

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 currently 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 you encounter disputes, please consult a practicing lawyer in time.