[Direct answer]In the Beijing area, if the other party does not agree to the divorce, it does not affect your ability to entrust a lawyer to represent you in litigation. Matters such as filing a case, providing evidence, making a defense, participating in mediation, and attending court hearings can all be handled by the lawyer within the scope of authorization. However, special authorization is required for the lawyer to admit, waive, or modify the litigation request and reach a settlement (Article 62 of the Civil Procedure Law of the People's Republic of China, amended on September 1, 2023, and implemented on January 1, 2024). Whether the divorce can be granted depends on whether the marital relationship has truly broken down: if there are circumstances such as bigamy, cohabitation with others, domestic violence, persistent bad habits that cannot be corrected, or living apart for more than two years due to marital disharmony, and mediation fails, the divorce shall be granted; if the parties live apart for more than one year after the court's decision not to grant the divorce, and one party files a lawsuit again, the divorce shall be granted (Article 1079 of the Civil Code of the People's Republic of China, implemented on January 1, 2021). For related procedures, please refer to the following link:Divorce litigation and legal services for family disputes.

I. Problem Background and Typical Scenarios

When one party wants to divorce while the other party delays or refuses to agree, this is the most common situation in divorce counseling: the other party threatens with children, property, or personal safety; the other party goes missing or refuses to appear in court; the two parties have been living apart for many years but the other party just refuses to sign the divorce agreement; the party wanting to divorce is located in a foreign country, and the cost of returning to China to litigate is high; there is domestic violence in the marriage, and the party wants to divorce as soon as possible but is afraid of provoking the other party. In these situations, the agreement-based divorce cannot proceed, and the case can only be resolved through litigation. The lawyer's representation runs through the entire process of case filing, evidence exchange, mediation, and trial. In the judicial practice of Beijing, the court should first conduct mediation in divorce cases. If the mediation is unsuccessful and the marital relationship has indeed broken down, the court will then rule to grant the divorce. The procedural rules can be referred to for more details.Divorce litigation and legal services for family disputes.

II. Key points of contention

There are four key points of contention. First, whether the marriage has truly broken down: circumstances outside the statutory grounds require comprehensive judgment based on the marital foundation, post-marital feelings, reasons for divorce, and the possibility of reconciliation. Simple accusations are hard to be accepted. Second, why first-time litigations often fail to obtain a divorce judgment: when the other party disagrees and there is no sufficient evidence of statutory grounds, the court often gives the marriage another chance. At this time, the focus should be on supplementing evidence rather than repeatedly filing lawsuits. Third, the six-month litigation restriction: in cases where the judgment does not grant a divorce or the parties reconcile, if there are no new circumstances or reasons within six months after the plaintiff files a lawsuit again, the court will not accept the case (Article 127 of the Civil Procedure Law). However, if new circumstances such as domestic violence occur during this period, there are no restrictions. Fourth, the handling of the defendant's absence: if the defendant refuses to appear in court without a valid reason after being legally summoned, the court may make a judgment in absentia, but the facts supporting the granting of a divorce must still be proven by the plaintiff.

III. Professional analysis by Henglue Law Firm

A case handled by Henglue Law Firm demonstrates a breakthrough path when the other party firmly refuses to agree to a divorce: Li Xiang and Li Li met through a dating website in December 2015 and registered their marriage at the Civil Affairs Bureau of Xicheng District, Beijing on May 14, 2018. After marriage, Li Li subjected Li Xiang to domestic violence and psychological abuse for a long time, leading to Li Xiang being diagnosed with moderate depression. In March 2025, Li Xiang entrusted Attorney Xiong Binrong of Beijing Henglue Law Firm to file a lawsuit against Li Li in Shunyi District Court for divorce disputes, requesting the dissolution of marriage, the division of real estate and vehicles, and the sharing of joint debts. Li Li firmly refused to agree to a divorce in court and denied domestic violence and having married a foreigner. The lawyer went to Li Li's household registration address for investigation and made a breakthrough discovery: Li Li had registered her marriage with Swedish man George on November 26, 2014, but the Swedish Uppsala District Court ruled on divorce on January 18, 2018. However, before Li Li and Li Xiang registered their marriage, Li Li had not applied to the intermediate court for recognition of the Swedish judgment in accordance with Chinese law, and her previous marriage was not yet dissolved under Chinese law. Attorney Xiong Binrong decisively changed the claim from divorce to confirmation of the invalidity of the marriage and conducted overseas evidence collection: applying to the Swedish court for disclosure of the divorce judgment, completing the notarization of the additional certificate and its Chinese translation, and submitting the provisions of the Swedish Marriage Law to prove that the tax bureau had no authority to dissolve the marriage. On April 30, 2026, the People's Court of Shunyi District, Beijing fully adopted the lawyer's agency opinion and ruled that the marriage between Li Xiang and Li Li was invalid, with the case acceptance fee of 150 yuan being borne by Li Li. The 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. Note of this case: If the other party does not agree to the divorce, it does not mean that the divorce cannot proceed. It is crucial to identify legal loopholes, and the procedures and strategies are equally important.

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) (circumstances of litigation divorce and the rule of being separated for one year), Article 1051 (circumstances of invalid marriage); Article 61 (authorizing one to two agents), Article 62 (power of attorney and special authorization), and Article 127 (six-month limitation on filing a lawsuit after a judgment of non-divorce and exceptions) of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023, and effective on January 1, 2024). Action list: 1. After appointing a lawyer, truthfully state the marital status and cooperate in fixing evidence; 2. For those who are separated, retain separation-related evidence such as rental contracts, community certificates, and communication records; 3. Collect domestic violence-related evidence, including police reports, diagnosis certificates, warning letters, extramarital chat records, and evidence of bad habits based on the statutory circumstances; 4. If the first divorce judgment is denied, promptly file another lawsuit after being separated for one year; 5. For those involved in domestic violence, simultaneously consider applying for a personal safety protection order. For related procedures, please refer to the relevant provisions.Divorce litigation and legal services for family disputes.

5. Henglu Law Firm's Reminder

When the other party refuses to agree to a divorce, it is most important to avoid emotional struggles and unprepared litigation. If the first lawsuit is dismissed due to insufficient evidence, it not only wastes time but also may prompt the other party to transfer assets. Before filing a second lawsuit, it is necessary to supplement the evidence and clarify the assets. During the litigation process, attention should be paid to three points: first, in principle, a second lawsuit cannot be filed within six months unless there are new circumstances or new grounds; second, keep track of the changes in the other party's assets in a timely manner and apply for preservation measures if necessary; third, make good use of mediation. If an agreement can be reached, the court will issue a mediation agreement, which also has compulsory execution force. For procedural and strategic issues, it is recommended to consult as soon as possibleBeijing Henglue Law FirmA professional lawyer.

VI. Frequently Asked Questions

Q1: If the other party firmly refuses to agree to a divorce, can the court grant the divorce through litigation?

There's a chance, but it depends on the evidence. The other party's disagreement only shows that there's a dispute between the two sides about the divorce itself, which doesn't affect your lawsuit. The court uses whether the marital relationship has truly broken down as the standard for granting a divorce. If there are statutory circumstances such as bigamy, domestic violence, bad habits, or a separation of more than two years, and mediation is unsuccessful, the court should grant a divorce. If there are no statutory circumstances, the court may also determine the validity of the marriage based on the marital foundation, the reasons for the divorce, and the possibility of reconciliation. In the aforementioned case, the other party firmly disagreed with the divorce in court. After the lawyer found out about the bigamy, he changed his claim, and the court ultimately ruled that the marriage was invalid. The outcome of any case depends on the facts and evidence. Lawyers can't guarantee victory or defeat on their own, but professional representation can significantly increase the probability of success.

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

Collect evidence according to the circumstances: for domestic violence, police reports, response records, warning letters from public security authorities, hospital diagnosis certificates, and photos of injuries; for infidelity or cohabitation with others, chat records, transfer records, travel routes, letters of repentance, photos and videos; for separation, rental contracts, community residence certificates, express delivery records, and separation agreements; for bad habits, administrative punishment decisions, drug rehabilitation records, and gambling debt certificates; and other basic materials such as marriage certificates, household registration books, and birth certificates of children. The evidence should be organized into a booklet according to the timeline, forming a chain of corroborating evidence. Single isolated evidence is often not accepted as evidence.

Q3: How much do divorce litigation attorneys' fees and litigation costs amount to?

According to Article 13 of the "Measures for the Payment of Litigation Costs" (effective from April 1, 2007), the litigation fee for divorce cases is 50 yuan to 300 yuan per case. If the case involves property division and the total value of the property does not exceed 200,000 yuan, no additional fee is required. For the portion exceeding 200,000 yuan, a fee of 0.5% shall be paid. The attorney's fee shall be determined by the parties through consultation and is related to the subject of the property, the workload, and the procedural stage. According to the law, risk-based fees are not applicable to marital cases. For some cases involving property preservation, public announcement service, and appraisal and authentication, additional advance fees are required. Before entrusting a lawyer, it is recommended to clarify the fee charging methods and stages with the law firm to avoid disputes in the future.

Q4: If the other party doesn't agree to the divorce, how long will the lawsuit last?

The first-instance ordinary procedure shall be concluded within six months, and the simplified procedure within three months; if the other party's whereabouts are unknown and need to be served by public announcement, the service alone may add several months. In practice, if the other party does not agree and the evidence is insufficient, the first lawsuit may not result in a divorce judgment. If the parties separate again after the judgment and file a lawsuit for divorce again one year later, the court shall grant the divorce, and the overall process may span over a year; if the evidence is sufficient and the statutory circumstances are clear, the court may grant the divorce in the first instance. The aforementioned invalid marriage case took about a year from entrustment to judgment. If the case can be mediated, the process can be greatly shortened.

Q5: If the other party is dragging his/her feet about getting a divorce, what should I do first?

There are four steps to proceed: First, consult a lawyer to evaluate the case and determine whether to pursue an agreement or litigation; Second, secure key evidence, with a focus on evidence proving the statutory circumstances of a breakdown in the relationship and evidence of separation; Third, sort out the clues to the other party's assets to prevent their transfer during the litigation process, and apply for preservation measures if necessary; Fourth, select a court with jurisdiction to file a lawsuit, clearly stating the claims in the complaint, and actively cooperate in providing evidence and mediation after the case is registered. Avoid repeatedly filing lawsuits to waste time. When the evidence is insufficient at the first attempt, the focus should be on supplementing evidence and proving the fact of separation.

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 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 Henglue 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.