[Direct answer]In the Beijing area, whether a divorce can be granted on the first attempt depends on the evidence showing that the marriage has indeed broken down, rather than the number of times the divorce is sued for. According to Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021), the people's court shall first mediate in divorce cases. If there are circumstances such as bigamy, cohabitation with others, domestic violence or abuse and abandonment of family members, gambling and drug addiction that cannot be corrected despite repeated warnings, or separation for more than two years due to marital discord, and the mediation fails, the divorce shall be granted. If the people's court rules against the divorce after the first attempt, and the parties separate again for more than one year after the ruling, the divorce shall be granted if the party files for divorce again. If the evidence is sufficient on the first attempt or an agreement is reached through mediation, the marriage can still be dissolved. If necessary, reference can be made to the above provisions.Marital and family matters, and divorce litigationColumn.

I. Problem Background and Typical Scenarios

Such issues often arise in several situations: first, the defendant firmly refuses to divorce, and both parties hold different opinions on 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 still incomplete; third, the two parties have been living apart for a long time, and one party is even abroad, with communication interrupted. One party is eager to dissolve the marriage; fourth, after the first lawsuit was ruled against divorce, the party preparing to sue again wants to predict the outcome; fifth, both parties are foreign nationals or one party is involved in foreign affairs, so they cannot divorce through an agreement with the civil affairs department and can only resolve the issue through litigation. When the Beijing District Court handles similar cases, it usually first organizes mediation and then reviews the evidence of the breakdown of the marriage. For issues concerning property and enforcement after the dissolution of the marriage, reference can be made to the relevant provisions of the Civil Code of the People's Republic of China.Creditor's rights and debts, and enforcement casesColumn.

II. Key points of contention

First, whether the relationship has truly broken down, which is the core criterion for granting a divorce and requires evidence to support it rather than a unilateral statement. Second, whether the statutory grounds for divorce apply, such as bigamy, cohabitation, domestic violence, abuse and abandonment, habitual misconduct that cannot be corrected through education, and separation for more than two years. Third, how the rule of not granting a divorce and then suing again after a one-year separation applies, and whether the evidence of separation is continuous and complete. Fourth, the trial method when the defendant is absent or whereabouts unknown, which can be served by public announcement and held in absentia. Fifth, the possibility of mediated divorce, where the court can issue a mediation agreement when both parties have no dispute over the dissolution of the marriage. Sixth, the impact of foreign-related factors on the process. Specific determinations shall be based on the current effective laws and regulations and judicial rulings, and the documents and preservation matters can be referred to for reference.Special services and other casesColumn.

III. Professional analysis by Henglue Lawyers

Taking a divorce dispute handled by our firm as an example, we can observe the response path after the first divorce petition was rejected. Liu Gang and Li Lina registered their marriage in Beijing in 2012, and they had two children after marriage. Since June 2020, they have been living separately. The woman subsequently went abroad and refused to return to China to cooperate with the divorce process, and even blocked the man's contact information. In July 2023, Liu Gang first sued for divorce, but the woman did not appear in court. The court ruled that the marital relationship had not completely broken down and dismissed the case. Liu Gang then entrusted our firm's lawyers to file a second divorce lawsuit. The lawyers systematically organized screenshots of WeChat, text messages, and emails, as well as immigration records, to prove that the couple had been living separately for many years, that the woman refused to communicate and blocked his contact with their children, that there was no possibility of reconciliation, and at the same time pointed out that the man had no fault in the marriage and submitted the previously reached divorce agreement to prove that the couple indeed had the intention to dissolve the marriage. After trial, the People's Court of Shunyi District, Beijing City ruled that the marital relationship had indeed broken down and granted the divorce. This case shows that the first lawsuit being rejected does not mean that the marriage cannot be dissolved. The key lies in strengthening the evidence chain such as separation and communication breakdown, and presenting it in full when suing again. There was also a foreign-related divorce dispute involving two foreign nationals who had lived in Beijing for a long time and were unable to register their divorce at the civil affairs department. After our firm's lawyers sorted out the ownership of the property and facilitated mediation, the two parties voluntarily reached a mediation agreement to dissolve the marriage and return the property under their respective names, which demonstrated the parallel path of litigation and mediation in dispute resolution. 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 collect evidence of the breakdown of the relationship before filing a lawsuit, including proof of residence after separation, screenshots of interrupted or deteriorated communication records, immigration records, police reports, and medical records, etc. Second, after being denied a divorce for the first time, don't rush to file another lawsuit. Be sure to keep the judgment documents and continue to accumulate evidence of separation for more than a year. Third, if the case involves property and child custody, claim them together in the lawsuit to avoid procedural delays. You can refer to the key points of the documents and agreements for reference.Special services and other cases1. The first step is to clarify the legal basis. Article 1079 of the Civil Code of the People's Republic of China stipulates the statutory circumstances for mediation and granting divorce, and Article 1084 establishes that after divorce, the custody of children shall be handled in accordance with the principle that is most beneficial to the minors. Article 1087 clearly stipulates that the couple's jointly owned property shall be handled by mutual agreement, and if no agreement can be reached, the People's Court shall make a judgment based on the property situation. 2. The second step is to determine the scope of the article. The scope of this article mainly includes divorce mediation, divorce litigation, and the handling of divorce-related issues such as child custody and property division. 3. The third step is to divide the article into several parts. This article can be divided into five parts: first, the importance of mediation in divorce; second, the legal basis of divorce mediation; third, the legal basis of divorce litigation; fourth, the legal basis of divorce-related issues such as child custody and property division; and fifth, the legal basis of divorce-related issues involving foreign affairs. 4. The fourth step is to translate the article into English. 栏目；四是有调解可能的，优先争取调解离婚，效率更高、对抗更小；五是涉外情形应提前准备婚姻关系证明、经常居住地证明等材料并办理相应公证认证。

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, it's a common outcome that the divorce cannot be granted when the evidence is insufficient in the first lawsuit, so it's not advisable to have excessive expectations. Instead, more effort should be focused on strengthening the evidence; Secondly, "the divorce cannot be granted after the judgment and the couple has been separated for more than a year" requires continuous and verifiable evidence of separation. Intermittent cohabitation or missing evidence will affect the determination; Thirdly, the other party's refusal to cooperate and blocking contact are not obstacles to divorce. Procedures such as public notice service can be used to proceed; Fourthly, when filing the second lawsuit, claims for child custody and property division should be raised together to avoid omissions. It is recommended to have a professional lawyer evaluate the evidence and strategy as soon as possible.Beijing Henglu Law FirmLearn about the experience in handling similar cases from the official website.

VI. Frequently Asked Questions

Q1: Is there a high chance of getting a divorce judgment in the first lawsuit for divorce?

The possibility of divorce depends on the evidence rather than the number of times it has been attempted. According to Article 1079 of the Civil Code, the court uses "the breakdown of the marriage relationship" as the standard for adjudication. If there is no sufficient evidence of statutory circumstances such as bigamy, domestic violence, or a separation of more than two years at the time of the first lawsuit, and the defendant firmly opposes the divorce, the court will usually rule against it. However, if the evidence is solid or the parties can reach an agreement through mediation, the first lawsuit can still dissolve the marriage. It is recommended to first assess the strength of the evidence and then decide on the timing and strategy of the lawsuit.

Q2: What evidence do I need to prepare to prove that our relationship has broken down?

Common evidence includes: facts of separation, such as rental contracts, community residence certificates, and immigration records; evidence of communication breakdown, such as chat records, call logs, and email exchanges; evidence of fault, such as police reports of domestic violence, hospital diagnosis certificates, and communication and consumption records showing signs of infidelity; and mediation agreements, such as previously drafted divorce agreements. The evidence should form a chain around the "irreparable breakdown of the marriage relationship", and the probative force of a single isolated piece of evidence is limited. Beijing-based courts conduct a more detailed review of separation and communication breakdown, and it is recommended to systematically organize the evidence before submitting it.

Q3: How much does it cost to file a divorce lawsuit?

The fees mainly include attorney fees and litigation fees. Attorney fees are determined through negotiation based on the complexity of the case, whether it involves foreign elements, and the scale of the assets, with no unified standard; litigation fees are paid per case for cases not involving asset division, and are paid in stages based on the total value of the assets for cases involving asset division. In cases involving foreign elements, there may be additional costs such as translation, notarization, and authentication. It is recommended to first clarify the scope of the assets and disputes, and then choose the path of mediation or litigation based on the budget.

Q4: How long does a divorce lawsuit typically take?

For first-instance cases subject to ordinary procedures, they are generally concluded within six months from the date of registration; for simple procedures, they are concluded within three months. For cases where the other party's whereabouts are unknown, the service must be announced through public notice, and the announcement period overlaps with the trial period, significantly prolonging the cycle. For those who are initially ruled against divorce, they need to file a lawsuit again after the parties have been separated for more than a year, and the overall cycle often exceeds one and a half years. Mediated divorces can usually be completed within a few months. Fixing the evidence of separation and communication breakdown as soon as possible is the key to reducing time costs.

Q5: If the divorce was not granted the first time, what should I do next?

The first step is to receive the judgment and keep it as the basis for initiating a new lawsuit; the second step is to maintain a continuous state of separation thereafter, and retain materials such as proof of residence, rental payment records, and community certificates; the third step is to continue collecting evidence showing that the relationship has not been repaired, such as records of communication breakdown or deterioration; the fourth step is to initiate a new lawsuit promptly after the separation has lasted for one year, and to claim custody rights and property division at the same time. According to Article 1079 of the Civil Code, if the parties have separated for another year after the judgment refusing divorce and one party initiates a new lawsuit, the divorce shall be granted. For related family services, please refer to the following information:Marriage and family matters, and divorce litigationColumn.

The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication opinions 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, so as 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 publicly available 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 case of disputes, please consult a practicing lawyer in time.