[Direct answer]It's not possible to get a divorce automatically. There is no provision in China that allows a marriage to be automatically dissolved after two years of separation. There are only two ways to dissolve a marriage: divorce by agreement and divorce through litigation. Separation for two years due to marital discord is only one of the circumstances stipulated in Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021) that should be granted a divorce, and evidence of separation must be provided. After the court rules against the divorce, if the parties continue to live apart for another year, the party who files for divorce again should be granted a divorce by the court. If the other party delays the process, the party should file a lawsuit as soon as possible and secure evidence of the separation. For more details, please refer to the Civil Code of the People's Republic of China.Divorce litigation and legal services for family disputes.

I. Problem Background and Typical Scenarios

One party is determined to divorce, while the other party verbally agrees but delays the process at every turn, refuses to appear in court, and fails to propose a settlement plan. This is a common dilemma in family counseling. Typical scenarios include: the other party verbally agrees to divorce but sets impossible conditions regarding property and custody rights; after the court rules against divorce, neither party reconciles nor discusses divorce; the couple has been living apart for years, with one party mistakenly believing that the marriage will automatically dissolve once a certain period of separation has passed; or in cases of cross-border or long-distance marriages, one party goes missing or refuses to cooperate. The misunderstanding lies in regarding the length of separation as an automatic dissolution procedure. In reality, both the determination of a broken relationship and the dissolution of the marriage must be completed through legal procedures. For related rules, please refer to the following link:Divorce litigation and legal services for family disputes.

II. Key points of contention

The disputes in such cases focus on four points. First, whether the marriage has truly broken down: the reason for separation must be marital discord. Separations due to objective reasons such as work, medical treatment, or children's education are not considered statutory circumstances. Second, proof of the fact of separation: the start time and continuous state of separation must be supported by evidence, such as rental contracts, community certificates, witness statements, and chat records. Third, repeated litigation after a judgment of non-divorce: separation for one year is a statutory circumstance for divorce, and the focus of evidence is on the continuous state of separation. Fourth, identification and response to malicious delay: those who refuse to appear in court can be tried in absentia, and those who set harsh conditions in mediation can be promptly transferred to the trial process. In the judicial practice of the Beijing area, the court's review of separation evidence focuses on a continuous and stable state.

III. Professional analysis by Henglue Lawyers

A divorce dispute handled by Attorney Bingrong Xiong demonstrates the complete path of litigating for divorce when the other party delays. Wang *sheng and Zhang *hua registered their marriage in 2006 and had one daughter (who has already reached adulthood) and one son (11 years old). In April 2025, Zhang *hua first filed for divorce, but Wang *sheng tried to save the marriage. In August, the court ruled against the divorce. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair, and the marital relationship completely deteriorated. He then entrusted Attorney Bingrong Xiong to file for divorce again, seeking to dissolve the marriage, grant him custody of the child, divide 70% of the joint property, share the debt of 524,782 yuan, and claim 50,000 yuan in damages. The defendant, Zhang *hua, verbally agreed to the divorce but imposed harsh conditions - demanding sole custody of the child and 70% of the property, otherwise refusing to divorce, while accusing the plaintiff of transferring property, trespassing into the residence, fabricating debts, and being unfit to raise the child. Attorney Bingrong Xiong collected evidence of the court's ruling against the divorce and the extramarital affair to prove that the marital relationship did not recover after the first ruling against the divorce and that new faults had emerged, indicating that the marriage had indeed broken down. He simultaneously handled issues of custody, property division, debts, and compensation claims. The court ruled that Zhang *hua had been having an affair during the marriage after the first ruling against the divorce, confirming that the marriage had indeed broken down and granting the divorce. It also made rulings on custody, property, and debts. This case highlights that a ruling against divorce does not mean the marriage cannot be dissolved. Filing for divorce again after new facts and evidence emerge is a common way to break the deadlock of delay. This case was handled by Beijing Henglu 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

Legal basis: Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021) on litigation divorce and the circumstances of marital breakdown; Article 1080 on the time of dissolution of the marriage relationship; and the Interpretation (I) of the Marriage and Family Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court (adopted on December 29, 2020 and effective January 1, 2021) regarding the provisions on re-litigation and the determination of marital breakdown. Action list: First, confirm that the reason for separation is marital discord, and fix the evidence of the starting time of separation; Second, daily preserve evidence of the state of separation, such as the lease contracts of each party's residence, community residence certificates, and living payment records; Third, if the first litigation does not result in a divorce judgment, maintain the separation for one year and supplement the evidence before re-litigating; Fourth, if the other party refuses to appear in court, it will not affect the trial of the case, and the court may make a judgment in absentia; Fifth, if it is possible to reach an agreement on divorce, proceed with the registration of divorce (with a 30-day cooling-off period), without being trapped in litigation. For specific procedures, please consultDivorce litigation and legal services for family disputes.

5. Henglue Law Firm's Reminder

Procrastination is the most common confrontational strategy in divorce litigation. The key to breaking the deadlock is not emotions but evidence: a continuous and stable state of separation and a clear understanding of the facts are essential for the court to determine that the marriage has broken down. It should be noted that during the separation period, both parties still have marital rights and obligations towards each other. Hiding or transferring joint property and disposing of large-scale assets without authorization may put them at a disadvantage during the division of assets. When handling similar cases in the Beijing area, it is recommended to seek legal assistance as soon as possible.Beijing Henglu Law FirmProfessional lawyers fix evidence and plan the pace of litigation to avoid procedural stagnation.

VI. Frequently Asked Questions

Q1: If the other party is dragging out the divorce process, can I successfully divorce them?

For a divorce by agreement, both parties must consent voluntarily. If the other party delays the process, the only option is to pursue a divorce through litigation. As long as the marriage has truly broken down, the court will grant the divorce, regardless of whether the other party appears in court or gives verbal consent. If the defendant refuses to appear in court without a valid reason after being summoned by a subpoena, the court may issue a judgment in their absence. If the first lawsuit lacks sufficient evidence of marital breakdown, the court may not grant the divorce. In this case, maintaining a separation for one year and providing additional evidence before filing another lawsuit significantly increases the likelihood of success. The outcome of each case depends on the evidence and the trial process, and it is impossible to guarantee the outcome unilaterally.

Q2: What evidence do I need to prepare to prove that we have been separated for more than two years?

The key point is to prove the reasons for and the continuity of the separation: communication records, chat records, and affidavits regarding the initial reasons for the separation; rental contracts, property certificates, and community or property residence certificates for each party; records of living expenses and delivery addresses; school records showing that the children live with one party; and witness statements from relatives, friends, and neighbors. If the separation is due to objective reasons such as work or medical treatment, it does not fall under the statutory circumstances. When organizing evidence, emphasis should be placed on the facts of marital discord and the lack of a common life, forming a continuous and complete timeline.

Q3: How much does a divorce lawsuit cost?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007): For simple divorce cases not involving property division, the acceptance fee is 50 yuan to 300 yuan per case; for the part involving property division exceeding 200,000 yuan, it shall be paid at a rate of 0.5%, generally borne by the losing party, and the proportionally shared by the party who partially wins the case. The attorney's fees shall be determined by the law firm and the client through consultation, without a unified government pricing. Marriage and family cases shall not violate the rules on risk-based representation. In addition, there may be procedural fees such as property inquiry and evaluation. It is recommended to calculate the cost and expected benefits before suing.

Q4: How long does it usually take from filing a lawsuit to obtaining a divorce judgment?

The first-instance ordinary procedure will be concluded within six months, and the simplified procedure within three months. If the other party agrees to the divorce, the case may be resolved in one or two court hearings; if the other party delays or refuses to grant the divorce in the first instance, the plaintiff needs to wait until they have been separated for one year before suing again, and the whole process usually takes one to two years. For cases involving foreign parties or where one party cannot be contacted, service must be effected by public notice, and cases with complex property issues will take even longer. If a mediation can be reached, the time may be shortened to several months. The specific duration depends on the preparation of evidence and the scheduling of the court accepting the case.

Q5: If the other party keeps stalling, what should I do first?

Four steps to proceed: First, assess the current status of the marriage and the demands, and clarify whether to insist on divorce and the claims for custody and property; Second, fix the evidence of separation and emotional breakdown, and keep the communication records and proof of residence; Third, sue as soon as possible when the other party refuses to agree to a settlement, and proceed according to the procedures after the case is filed, without having to wait until the separation lasts for two years; Fourth, if the first divorce application is rejected, continue the separation and strengthen the evidence, and sue again after one year. For those involved in domestic violence risks, it is recommended to report the case to the police first and pay attention to personal safety.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the 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 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 the event of a dispute, please consult a practicing lawyer in a timely manner.