[Direct answer]Not necessarily. The statutory standard for the court to grant a divorce is that the marital relationship has indeed broken down. According to Article 1079 of the Civil Code of the People's Republic of China (effective as of January 1, 2021), when handling divorce cases, the court shall first conduct mediation. If the marital relationship has indeed broken down and the mediation is unsuccessful, the divorce shall be granted; if the circumstances include bigamy, cohabitation with others, domestic violence, gambling and drug addiction, or living apart for more than two years due to marital discord, the divorce shall be granted. If there are no statutory circumstances, the other party firmly refuses to agree, and there is no sufficient evidence, there is a risk of being ruled against the divorce in the first lawsuit; after the court rules against the divorce, if the two parties live apart for more than one year and the other party files a lawsuit again, the divorce shall be granted. Before the first lawsuit, the plaintiff should systematically prepare evidence of the marital breakdown and, if necessary, consider the path of mediation. For more details, please refer to the Civil Code of the People's Republic of China.Divorce litigation and legal services for family disputes.

1. Problem background and typical scenarios

Many people believe that filing a lawsuit in court will lead to a divorce, but they are full of confidence at the beginning and end up with a judgment that does not allow a divorce; some people who have just had an extramarital affair and do not have evidence of continuous cohabitation are eager to sue but lack sufficient evidence; others who have no feelings for each other delay the process due to disputes over property and children, missing the mediation window. In the judicial practice of Beijing, if there is no sufficient evidence of marital breakdown in the first lawsuit, the court usually makes a cautious determination and tends to give both parties the opportunity to repair their relationship. For more details, please refer to the specific provisions.Divorce litigation legal services.

II. Key points of contention

First, the standard of marital breakdown: Whether the statutory enumerated circumstances have been fulfilled, and whether there are other circumstances leading to the breakdown of the marriage. Second, the sufficiency of evidence: Whether the separation certificate, communication records, police reports, letters of repentance, and witness testimonies can form a complete chain of evidence. Third, the attitude of the other party: If the other party agrees to divorce, the marriage relationship can be dissolved once and the issues of property and children can be dealt with through mediation; if the other party does not agree and is not at fault, the court usually makes a cautious judgment. Fourth, the procedural cost: After the judgment of not granting a divorce, if there are no new circumstances or new reasons, the plaintiff's new lawsuit within six months will not be accepted, and the timing of the new lawsuit will directly affect the overall duration of the process.

III. Professional analysis by Henglue Law Firm

A divorce case handled by Attorney Bingrong Xiong fully demonstrated the path of "being rejected the first time and granted divorce the second time": Liu Gang and Li Lina established a romantic relationship in 2009, registered their marriage in Beijing in 2012, and gave birth to a daughter in 2015. Later, the couple went to live in the United States and had a son in 2020. In June 2020, the couple separated. In July 2022, Liu Gang returned to China, but the relationship did not improve. Li Lina refused to return to China to cooperate with the case and blocked Liu Gang's contact information. In July 2023, Liu Gang filed for divorce for the first time, but Li Lina did not appear in court. The court ruled that the couple's feelings had not completely broken down and dismissed the case. Subsequently, Liu Gang entrusted Attorney Bingrong Xiong to file a second divorce lawsuit. The attorney guided him to submit evidence such as the "Divorce Agreement", WeChat and SMS screenshots, email records, and immigration records to prove that the couple had been separated since June 2020, that Li Lina refused to communicate with Liu Gang and blocked his contact with their children, and pointed out that after the court ruled against the divorce, the couple continued to live apart for a full year, which met the statutory conditions for granting a divorce. The People's Court of Shunyi District, Beijing ultimately granted the divorce. 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. The lesson from this case is that if the evidence is not prepared sufficiently in the first lawsuit, one will have to wait for more than a few months; and in the second lawsuit, the fact that the couple has been separated for more than a year and the complete chain of evidence are the key factors for the court to grant the divorce.

IV. Practical suggestions and legal basis

The legal basis includes Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021), which stipulates the statutory conditions for litigation divorce, the circumstances where the marital relationship has indeed broken down, and the provisions that if the court rules against the divorce and the parties subsequently live apart for one year, the plaintiff may file for divorce again; the Civil Procedure Law of the People's Republic of China (amended in 2023 and effective January 1, 2024), which stipulates that if the court rules against the divorce and there are no new circumstances or reasons within six months, the plaintiff's subsequent lawsuit will not be accepted, and also sets out the time limits for first-instance trials (six months for ordinary procedures and three months for summary procedures). Action list: First, review the evidence in light of the statutory circumstances and fix the evidence item by item regarding separation, domestic violence, bad habits, and extramarital affairs; Second, if the other party agrees to divorce, prioritize mediation to resolve marital, property, and child-related issues in one go; Third, if the evidence is insufficient in the first lawsuit, make a time plan for the court's ruling against the divorce and the subsequent lawsuit; Fourth, after the court rules against the divorce, pay attention to preserving evidence of separation, file a lawsuit again according to law after one year, and, if necessary, entrust a lawyer to formulate a strategy. For more details, please refer to the following link:Divorce litigation and legal services for family disputes.

5. Henglu Law Firm's Reminder

Whether the first lawsuit can lead to a divorce judgment essentially depends on evidence rather than determination. Many litigants focus on their emotions and neglect truly useful materials such as separation certificates, communication records, police reports, and medical records, thereby wasting a procedural opportunity. If there is no possibility of reconciliation between the parties, it is better to fix the evidence as soon as possible and choose mediation or litigation to resolve the matter once and for all, rather than delaying the process out of anger. When handling similar cases in the Beijing area, it is recommended to do the following:Beijing Henglue Law FirmUnder the guidance of professional lawyers, evaluate the timing and strategy of the first lawsuit.

VI. Frequently Asked Questions

Q1: If it's the first time suing for divorce, will the court usually grant the divorce?

It depends on the evidence. If there are statutory circumstances such as bigamy, cohabitation with others, domestic violence, gambling and drug addiction that cannot be corrected despite repeated warnings, or separation for more than two years due to marital discord, and the evidence is sufficient, there is a high likelihood that the divorce will be granted on the first lawsuit; if the statutory circumstances do not exist, the other party does not agree to the divorce and there is no sufficient evidence, the court will usually rule against the divorce. The outcome of the case depends on the evidence and the court's determination. No lawyer can guarantee victory or defeat unilaterally. It is more prudent to prepare evidence systematically before suing than to sue blindly.

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

There are five common types of evidence: evidence of separation (rental contracts, residence certificates, immigration records); evidence of domestic violence (police reports, injury reports, warning letters, letters of repentance); evidence of extramarital affairs (photos, videos, chat records, affidavits); communication records (WeChat, text messages, emails showing a deteriorating relationship); and witness statements. If the other party has gambling or drug addiction habits, materials such as administrative punishment decisions can be provided. The evidence should be organized according to the timeline to form a complete chain.

Q3: How much does it cost to file for divorce?

The court acceptance fee shall be implemented in accordance with the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007): For divorce cases, a fee of 50 yuan to 300 yuan shall be paid per case; for cases involving property division where the total value of the property exceeds 200,000 yuan, a fee of 0.5% of the total value shall be paid. Lawyer's fees shall be determined through negotiation between the client and the law firm, and there is no unified government pricing. Risk-based attorney fees are not applicable to marital cases according to law. In addition, there may be costs such as property appraisal and public notice service. It is recommended to calculate the litigation costs and the expected results together before filing a lawsuit.

Q4: If the court does not grant a divorce in the first instance, how long must pass before the plaintiff can file a lawsuit again?

After the court rules against the divorce, if there are no new circumstances or reasons and the plaintiff files a lawsuit again within six months, the court will not accept the case, so it is usually necessary to wait for six months. If the parties live apart for more than a year after the ruling and one party files a divorce lawsuit again, the divorce shall be granted according to law. The defendant is not subject to the six-month restriction. During the waiting period, the plaintiff should pay attention to preserving the evidence of separation and unrepairable feelings, and prepare for the next lawsuit.

Q5: If I want to increase the probability of getting a divorce granted on the first attempt, what should I do?

There are four steps to proceed: First, sort out the evidence on our side according to the statutory circumstances and make up for what is lacking; Second, start the separation as soon as possible and keep the evidence of the separation; Third, if the other party agrees to divorce, actively strive for mediation to solve the problems of marriage, property and children in one go; Fourth, if the evidence is flawed or the other party is adamant, entrust a professional lawyer to formulate litigation strategies as soon as possible and apply for investigation and evidence collection in accordance with the law when necessary.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines 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, 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.