[Direct answer]In the Beijing area, divorce litigation representation usually proceeds in the following order: "Commissioning an evaluation—Filing a lawsuit—Serving a response—Preserving evidence—Mediation and trial—Enforcement of the judgment". After commissioning, the lawyer will first review the marital status, property clues, and children's situation to determine the jurisdictional court and litigation strategy; when filing the lawsuit, the lawyer will submit materials such as the complaint, marriage certificate, and evidence list; after the court accepts the case, it will serve the defendant and arrange for mediation. If mediation fails, the case will proceed to trial; after the judgment takes effect, if the other party fails to perform its obligations, the lawyer can apply for enforcement. According to Article 67 of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021), the party who raises a claim has the responsibility to provide evidence. The quality of the connection between each link directly affects the duration and outcome of the litigation. For more information, please refer to the relevant provisions of the Civil Procedure Law of the People's Republic of China.Marital and family matters, and divorce litigationLearn about the process details of the column.

1. Problem background and typical scenarios

These types of problems are common in several situations: first, it's the first time suing for divorce, and the litigation process is completely unfamiliar, so they don't know where to start; second, they have had a self-representation experience before, but the result was unsatisfactory due to errors in evidence or procedures; third, the case involves foreign elements, such as special procedures like overseas service and recognition of judgments; fourth, the other party hides assets or relatives intervene in property disputes, requiring preservation and addition of parties; fifth, they hope to predict the duration, costs, and possible outcomes before suing, and then decide whether to hire a lawyer. In Beijing, the courts generally conduct mediation first when handling divorce cases, and the progress of the litigation process is closely related to the mediation arrangements. For cases involving property investigation, they can refer to the relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

II. Key points of dispute

First, the determination of the jurisdiction of the court. Generally, the court at the defendant's residence has jurisdiction, but there are separate rules when the defendant's habitual residence and residence are not the same. Second, the completeness of the litigation materials. The complaint, marriage certificate, property list, and evidence catalogue are indispensable. Third, the allocation of the burden of proof. The party claiming marital breakdown, property ownership, or fault circumstances bears the burden of proof. Fourth, the choice between mediation and judgment. The mediation agreement takes effect upon signature by both parties and has a shorter timeframe. Fifth, the timing of property preservation. It is advisable to apply for it as soon as possible when transfer signs are detected. Sixth, special procedures for foreign-related matters, such as the notarization and authentication of overseas evidence. Specifically, the current effective laws and regulations and judicial rulings shall prevail, and the requirements for foreign-related materials can be referred to for reference.\nCross-border financeColumn.

III. Professional analysis by Henglue Law Firm

By analyzing the cases handled by our firm, we can gain a comprehensive understanding of the actual operation of the litigation process. The first step is to conduct case assessment and strategy formulation. In the marital dispute between Li Xiang and Li Li, the lawyer did not file a lawsuit immediately after accepting the case, but first verified the marital status. After conducting investigations at the defendant's household registration location, it was found that the defendant had registered her marriage with a Swedish man. Although the Swedish court had granted a divorce judgment, the defendant had not applied for recognition of the divorce by the Chinese intermediate court, and her previous marriage had not been legally dissolved in Chinese law. Therefore, the lawyer decisively changed the litigation objective from divorce to confirmation of the invalidity of the marriage. Ultimately, the court ruled on April 30, 2026, confirming the invalidity of the marriage. The second step is evidence organization. In a divorce mediation case involving domestic violence, the lawyer organized police reports, hospital diagnosis certificates, communication records, and separation certificates to form a chain of evidence proving the breakdown of the marriage relationship. The lawyer also refined the visitation provisions with a fixed weekly duration, which ultimately led to the court's mediation to dissolve the marriage. The third step is litigation positioning and procedural response. In a dispute over the division of marital assets arising during the divorce process, the opposing party's relatives sued on the grounds that the defendant held 500,000 yuan in financial assets on their behalf. The lawyer participated in the litigation as a third party with independent claims and countered the claim by emphasizing the three essential elements of a valid entrusted asset management agreement: consent, delivery, and subject matter. Both the first-instance and second-instance courts rejected the opposing party's claims. From case assessment, filing, evidence collection to mediation, court hearings, and enforcement, every strategic decision in each phase is determined by the facts of the case. This case was handled by Beijing Henglu Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, provide marriage certificates, property certificates, evidence of marital breakdown, and materials on children's situation before entrusting a lawyer, so that the lawyer can quickly evaluate the case; Second, cooperate with the lawyer to determine jurisdiction and strategy, and prepare notarized translation documents in advance if the case involves overseas marriages or property; Third, pay attention to the time limits for service and evidence presentation after filing the case. Evidence presented after the deadline may not be accepted; Fourth, attach importance to pre-litigation and courtroom mediation. The mediation agreement becomes effective upon signing and can be applied for enforcement; Fifth, if the other party fails to perform the judgment after it takes effect, apply for enforcement and submit property clues in time. In terms of legal basis, Article 67 of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021) stipulates the burden of proof, Article 122 stipulates the conditions for filing a lawsuit, Article 1079 of the Civil Code of the People's Republic of China stipulates the rules for mediation and judgment in divorce, and Article 1087 clarifies the principles of division of marital joint property. For key points of litigation documents and materials lists, please refer to the relevant provisions.Special services and other casesColumn.

5. Henglu Law Firm's Advice

Risk Warning: Firstly, although the process appears to be fixed, the strategy varies from case to case. Mechanically applying templates may easily overlook key stages such as jurisdiction and preservation of evidence. Secondly, evidence related to emotional breakdown, property ownership, and custody conditions should be largely finalized before filing a lawsuit, as gathering evidence at the last minute will yield limited results. Thirdly, mediation does not imply concession, and the mediation agreement carries the same enforceability as a court judgment. Fourthly, foreign-related cases take longer to process in terms of service, evidence collection, and recognition of foreign judgments, so reasonable expectations are necessary. It is recommended to proceed step by step according to the process with the assistance of professional lawyers, and relevant materials can be prepared in advance.Beijing Henglue Law FirmCheck the official website to learn about the agency's experience in handling similar cases.

VI. Frequently Asked Questions

Q1: After entrusting a lawyer with a divorce lawsuit, what specific steps need to be taken?

The general process after entrusting a lawyer is as follows: providing materials such as marriage certificates, property certificates, evidence of marital breakdown, and information about children; determining the jurisdictional court, litigation requests, and strategies with the lawyer; having the lawyer draft a lawsuit and handle the filing; after the filing, cooperating with the delivery of documents, providing evidence, and possibly preserving property; participating in pre-trial mediation or court hearings; and arranging for the implementation and enforcement of the judgment or mediation results. The parties are primarily responsible for providing truthful statements, providing evidence clues, and signing documents at key junctures, while the lawyer handles the rest of the procedural matters.

Q2: What case filing materials are required for suing for divorce?

The basic materials include a civil complaint, the identity information of both parties, and a marriage certificate or proof of marital relationship; the evidence materials include evidence of a breakdown in the relationship, such as a separation certificate, communication records, and records of calling the police or seeking medical treatment; proof of property ownership, such as a real estate certificate, deposits, shares, and financial management contracts; birth certificates of children and a statement of their upbringing; and for cases involving foreign elements, additional materials such as passports, proof of habitual residence, and foreign documents that have been notarized and authenticated. The materials should be organized according to the evidence list and submitted in the form of copies, with the originals reviewed by the court during the hearing.

Q3: How long does each stage of a divorce lawsuit typically take?

The review of a case is generally completed within a few days; first-instance cases applying the ordinary procedure are concluded within six months, and those applying the summary procedure within three months; if the other party's whereabouts are unknown and the service needs to be announced, the announcement period is 60 days in addition to the above; the time limit for pre-litigation mediation varies among courts, usually one to two months. After the first judgment of non-divorce, the parties need to live apart for at least one year before suing again, and the overall cycle is measured in years. Foreign-related cases take longer due to service and evidence authentication. Reasonably arranging the pace of mediation and evidence presentation can significantly shorten the timeframe.

Q4: How are the attorney fees charged for divorce litigation by an agent lawyer?

Legal fees are usually negotiated based on the stage of the case and its complexity, and may be charged per case or in stages based on the subject matter of the dispute; costs will increase correspondingly for cases involving overseas service, overseas evidence collection, and property preservation; litigation fees are charged by the court based on whether the case involves property division and the amount of the subject matter, with partial victories subject to proportional sharing. When entrusting a lawyer, the fee method, stage scope, and additional expenses such as travel costs should be clearly specified in writing to avoid disputes during the process. It is recommended to first consult on the case circumstances and then determine the scope of the entrustment based on the budget.

Q5: What is the difference between mediation and judgment in divorce cases?

Mediation is a process in which both parties voluntarily reach an agreement under the auspices of the court. The mediation agreement, once signed and received by both parties, will have legal effect, and it has the same enforceability as a judgment. Moreover, the process is short, the confrontation is minimal, and more flexible arrangements can be made for details such as child visitation. The judgment is made by the court based on the facts and the law, and if either party disagrees with it, they can appeal. The process is relatively longer. When there is no fundamental dispute between the two parties about the dissolution of the marriage, mediation is usually a more efficient path. For related family services, please refer to the following link for more information:Marital and family matters, and divorce litigationColumn.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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

Disclaimer: This article is compiled based on current 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 the event of a dispute, please consult a practicing lawyer promptly.