[Direct answer]In the Beijing area, if it's your first time suing for divorce, it's recommended to hire a lawyer. According to Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021), if one of the spouses requests a divorce, he or she may file a lawsuit with the court. The court shall conduct mediation in divorce cases. If the marital relationship has indeed broken down and the mediation is ineffective, the divorce shall be granted. However, if there is no sufficient evidence in the first lawsuit, the court often determines that the marital relationship has not broken down and refuses to grant the divorce. After that, the two parties must live apart for one year before they can sue again. The value of a lawyer lies in systematically fixing evidence such as separation, communication, and domestic violence, organizing property and custody plans, and ensuring that the procedures and evidence proceed on the right track. You can consult a lawyer for more information.Divorce litigation and family dispute servicesTeam evaluation.

I. Problem Background and Typical Scenarios

"Should I hire a lawyer for my first lawsuit?" is a frequently asked question in divorce consultations. Common scenarios include: the parties' feelings have long broken down, but the other party delays the process; the first lawsuit is ruled as non-divorce due to insufficient evidence; one party transfers property or hides accounts, while the other party is completely unaware of this; there are major disputes over child custody and debt division, and it's difficult for the party to explain these issues in court; and some people mistakenly believe that "filing a lawsuit automatically leads to divorce", unprepared for the legal procedures and evidence collection, wasting months of time in vain. When Beijing courts handle divorce cases, they usually exercise caution in determining whether the parties' feelings have truly broken down, and the adequacy of evidence directly affects the outcome. Hiring a lawyer is not to "guarantee the result", but to increase the possibility of resolving disputes in one go. For cases involving property division, it's advisable to consult a lawyer for professional advice.Real estate sales and construction project servicesOrganize my assets.

II. Key points of contention

The controversy focuses on three points. Firstly, whether the first lawsuit can lead to a divorce judgment: The law clearly stipulates that if the marriage has indeed broken down and mediation fails, the court should grant a divorce. However, if the evidence is insufficient, the court often rules against divorce. In this case, the couple must live apart for one year before filing another lawsuit, which significantly increases the time cost. Secondly, property and custody risks: The period before and after the breakdown of a marriage is a high-risk period for asset transfer, and custody rights and debt obligations also need to be fully proven in court. Thirdly, the cost-effectiveness of litigation: Whether the lawyer's fees are worth the potential property and custody benefits needs to be evaluated on a case-by-case basis. For cases with little controversy and clear property rights, mediation may be prioritized. If the other party has committed faults such as domestic violence or bigamy, damages can also be claimed simultaneously. Relevant methods of reporting to the police and collecting evidence can be referred to for reference.Criminal defense and criminal case filing services.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a typical case. Liu Gang and Li Lina confirmed their relationship in 2009, registered their marriage in Beijing in 2012, had a daughter in 2015 and a son in 2020. Later, the couple went to live in the United States and separated in June 2020. In July 2022, Liu Gang returned to China, but the relationship did not improve. Although they once reached a divorce agreement, Li Lina refused to return to China to cooperate and blocked Liu Gang's contact information. In July 2023, Liu Gang filed for divorce for the first time, but the court ruled against the divorce because Li Lina failed to appear in court and determined that the marriage had not completely broken down. Subsequently, Liu Gang entrusted the lawyers of our firm to file a second divorce lawsuit. The lawyers submitted the "Divorce Agreement", screenshots of WeChat messages and emails, and immigration records to prove that the couple had been separated since June 2020 and that Li Lina refused to communicate with Liu Gang and blocked his contact with their children. They pointed out that after the court ruled against the divorce, the couple had been separated for over a year, so the court should legally grant the divorce. Liu Gang was not at fault and was willing to continue paying child support. Finally, the People's Court of Shunyi District, Beijing ruled to grant the divorce. It can be seen that the key to the first lawsuit lies in whether the evidence of the breakdown of the marriage is complete. If the evidence had been systematically organized before the first lawsuit, it could have saved the client the trouble of going through the entire litigation process again. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021) (on the standard for litigation divorce, and that if the couple lives apart for more than a year after the court's decision not to grant a divorce, the divorce shall be granted); Article 1087 (on property division, taking into account the interests of children, women, and the innocent party); Article 1091 (on divorce damages); the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding the determination of marital breakdown and property division; and the Measures for the Payment of Litigation Costs (effective April 1, 2007). Practical advice: Before filing a lawsuit, first evaluate whether the evidence meets the standard of marital breakdown; simultaneously sort out property clues such as real estate, accounts, and equity, and apply for preservation measures if necessary; clarify custody and alimony arrangements; if the other party is at fault, also claim a larger share of property and damages. Consulting a lawyer before filing the first lawsuit can effectively avoid procedural repetition.

5. Henglu Law Firm's Reminder

The first time you file for divorce is not just a "formality". It is recommended to complete three tasks before filing for divorce: First, self-check the evidence, such as separation agreements, communication records, police reports, letters of repentance, etc., to determine whether the marriage has truly broken down; Second, inventory your assets, including accounts, real estate, and business income, to prevent the other party from transferring assets; Third, clarify your claims, including custody rights, alimony, property division, and debt assumption, all of which should be listed once. Avoid filing and withdrawing the lawsuit on a whim, or concealing important facts, which will only delay the process. If you are not familiar with the legal procedures or evidence collection, it is more cost-effective to hire a lawyer to assess the situation as soon as possible rather than trying to rectify the situation after a second lawsuit.

VI. Frequently Asked Questions

Q1: Can a divorce be granted in the first lawsuit? Can hiring a lawyer increase the chances of winning the case?

The first lawsuit does not necessarily lead to a divorce judgment. According to the law, if the marriage has truly broken down and mediation fails, the court should grant a divorce. However, if there is insufficient evidence at the time of the first lawsuit, the court will often rule against the divorce. After the parties have been separated for more than a year, the second lawsuit should be granted. The role of a lawyer is not to promise a result, but to systematically organize the separation, communication records, evidence of reporting to the police and repentance, sort out the property and custody plans, and provide a basis for determining that the marriage has truly broken down, thereby increasing the possibility of resolving the dispute at one go. When the dispute is not serious, mediation can also be prioritized, which can also effectively dissolve the marriage relationship.

Q2: What evidence do I need to prepare for the first divorce lawsuit?

The core evidence includes: marriage certificates or marriage registration certificates, materials proving the breakdown of the marriage (separation agreements, rental contracts, immigration records, chat communication records, police reports and responses, injury photos, letters of repentance), property evidence (property ownership certificates, account statements, stock funds, vehicle registrations, business materials), materials related to child custody (birth certificates, school and medical records, records of companionship and care), and proof of joint debts. The organization of evidence focuses on three aspects: the breakdown of the marriage, the scope of property, and the conditions of child custody. If the other party hides accounts, the party can apply to the court for investigation and evidence collection in the litigation. For cases involving the tracing of funds, it is also possible to seek assistance from relevant authorities.Creditor-debtor relations and enforcement case servicesAdvance.

Q3: If I hire a lawyer for my first divorce lawsuit, what is the approximate cost?

There is no unified standard for divorce attorney fees, which are typically related to the value of the property and the complexity of the case. Fees can be charged on a per-case basis or as a percentage of the total value of the property. Whether the case involves real estate, equity, overseas assets, or custody disputes will all affect the pricing, which is subject to the terms of the attorney-client agreement. As for litigation fees, divorce cases typically cost between 50 yuan and 300 yuan per case. For cases involving property division, the portion exceeding 200,000 yuan is subject to an additional 0.5% fee, which is borne by the losing party or shared proportionally. Marriage and family cases are subject to risk-based fee arrangements as stipulated by law. It is recommended to request the law firm to provide a detailed fee breakdown before hiring a lawyer, clearly indicating the included service phases and travel expenses.

Q4: How long does it usually take to get a result after filing for divorce for the first time?

For first-instance divorce cases, the ordinary procedure generally concludes within six months, and the summary procedure within three months. If the facts are clear and the disputes are not significant, the summary procedure can be applied, with a shorter timeframe. If the first judgment does not grant the divorce, according to Article 1079 of the Civil Code, if the parties separate again after one year and file a lawsuit again, the divorce shall be granted. This means that the entire process may last more than a year. If the parties reach a mediation agreement during the litigation, a mediation agreement can be issued on the spot, greatly shortening the timeframe. It is recommended to prepare evidence in advance, file a lawsuit as soon as possible, and make reasonable expectations about the timeframe.

Q5: What should I do after hiring a lawyer for my first divorce lawsuit?

After entrusting a lawyer, it is recommended to follow four steps of cooperation: Firstly, fully and truthfully inform the lawyer about your marital status, property and children's situation, and sign the entrustment agreement; Secondly, collect materials according to the evidence list, including marriage certificates, evidence of marital breakdown, property certificates and custody records. Keep the originals for your own safekeeping and submit copies; Thirdly, confirm with the lawyer the litigation requests and mediation bottom lines, clarify the custody rights, property division and debt assumption plans; Fourthly, after the case is filed, cooperate with the lawyer in providing evidence and attending court hearings according to the schedule. Throughout the entire process, maintain rationality, avoid exacerbating conflicts, and strive to dissolve the marriage relationship in the most optimal way.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are 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·Attorney Xiong Binrong·Beijing Henglue 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. If a dispute arises, please consult a practicing lawyer in time.