[Direct answer]In the Beijing area, litigation can be initiated directly without the prerequisite of mediation. According to Article 1076 of the Civil Code of the People's Republic of China (effective January 1, 2021), for an agreement-based divorce, both parties must reach an agreement on divorce, property, and child arrangements and jointly apply to the marriage registration authority. They must also go through the 30-day cooling-off period stipulated in Article 1077. If an agreement cannot be reached, either party may file a divorce lawsuit with a court of jurisdiction in accordance with Article 1079. For litigation-based divorces, the cooling-off period does not apply. It is important to note that the court's standard for granting a divorce is "the breakdown of the marriage relationship". Repeated acts of bigamy, cohabitation with others, domestic violence, gambling, drug addiction, or other bad habits that cannot be corrected through education; or living apart for more than two years due to marital disharmony are all legally defined circumstances, but all must be supported by evidence. If the evidence is insufficient in the first lawsuit, the court may rule against the divorce. If there are no new circumstances or reasons after the ruling against the divorce, the second lawsuit will not be accepted within six months. Action guidance: Before filing a lawsuit, first secure evidence of the breakdown of the marriage relationship and property ownership.

I. Problem background and typical scenarios

"Unable to reach an agreement" is a common starting point in divorce counseling: the other party refuses to divorce, or delays the process by using property and children as bargaining chips; both parties hold different opinions on the division of real estate, savings, and debts; one party goes missing or refuses to appear, making it impossible to proceed with a divorce by agreement; there are also cases where both parties have already reached an agreement, but it stalls because one party changes their mind during the registration process. In these situations, the parties often wonder "can we go directly to court?" In fact, litigation divorce is a statutory path parallel to divorce by agreement. The choice of which path to take depends on the scope of negotiation, the availability of evidence, and the cost of time. For more details, please refer to the relevant rules.Divorce litigation and legal services for family disputes.

II. Key points of contention

The controversy focuses on four points. First, the choice of path: divorce by agreement has low costs but involves a cooling-off period and the risk of regret, while litigation divorce takes a long time but offers greater certainty. In cases of domestic violence, litigation is a more reliable choice. Second, the conditions for suing: the threshold for civil litigation is not high, but the real determinant of the outcome is whether the "irreparable breakdown of the marriage" can be proven by evidence. For cases beyond the statutory circumstances, the court needs to comprehensively evaluate the marital foundation, post-marital feelings, reasons for divorce, and the possibility of reconciliation. Third, the outcome of the first lawsuit: if the other party firmly refuses and there is no sufficient evidence, the court usually rules against the divorce, which is both a prudent attitude and a window for evidence supplementation. Fourth, time rules: there is no 30-day cooling-off period for litigation, but repeated lawsuits within six months after the ruling against divorce will not be accepted if there are no new circumstances or reasons. In the judicial practice of Beijing, the court generally adopts a cautious approach in assessing the standard of marital breakdown.

III. Professional analysis by Henglue Law Firm

A divorce dispute handled by Attorney Bingrong Xiong involved a complete process of "unable to reach an agreement—filing a lawsuit—being ruled against divorce—filing another lawsuit—being ruled for divorce". Wang Sheng and Zhang Hua registered their marriage in 2006 and had a daughter who has already reached adulthood and a son who is 11 years old. During their marriage, they accumulated assets such as real estate, vehicles, machinery, and insurance. In April 2025, Zhang Hua first filed for divorce, but Wang Sheng tried to save the marriage. In August of the same year, the court ruled against the divorce. About two months later, Wang Sheng discovered that Zhang Hua had been having an affair during their marriage and entrusted Attorney Bingrong Xiong to file another lawsuit, demanding the dissolution of the marriage, custody of the children with him and payment of alimony by the other party, division of 70% of the jointly owned property, sharing of debts totaling 524,782 yuan, and compensation for damages of 50,000 yuan. Zhang Hua agreed to the divorce orally but attached harsh conditions—requiring custody of the children and 70% of the property before agreeing, and accusing Wang Sheng of transferring assets, trespassing into their residence, fabricating debts, and being unfit to raise children. Attorney Bingrong Xiong combined the previous ruling against the divorce with the newly established evidence of the affair to prove that there was no possibility of reconciliation between the parties and that the legal conditions for divorce were met. At the same time, considering the children's growth environment, the parties' daily behavior and parenting abilities, he argued that allowing the children to live with Wang Sheng would better serve the principle of the best interests of minors. The court determined that Zhang Hua had been having an affair during the marriage after the first lawsuit was rejected, and that the marital relationship had indeed broken down, granting the divorce. It ruled that the children would live with Wang Sheng, and Zhang Hua would pay 550 yuan per month in alimony until the children reach adulthood. Based on the principles of protecting the interests of the children, the wife, and the innocent party, the court ruled that Zhang Hua's infidelity during the marriage constituted a major fault and supported Wang Sheng's claim to 70% of the jointly owned property. 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

The legal basis includes Article 1076 of the Civil Code of the People's Republic of China (effective January 1, 2021) on divorce by agreement, Article 1077 on the cooling-off period for divorce, Article 1079 on litigation divorce and circumstances where the marriage relationship has indeed broken down, and Article 1080 on the time of dissolution of the marriage relationship; the provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023 and effective January 1, 2024) on the conditions for filing a lawsuit, jurisdiction, and situations where the lawsuit is not accepted; and the provisions of the Anti-Domestic Violence Law of the People's Republic of China (effective March 1, 2016) on personal safety protection orders. Action list: First, confirm the jurisdiction court, which is generally the court at the defendant's domicile or habitual residence; Second, prepare a lawsuit, marriage certificate, identity certificate, and children's birth certificate; Third, collect evidence of the breakdown of the marriage relationship in accordance with the statutory circumstances; Fourth, sort out the certificates of property and debts, and apply for preservation if necessary; Fifth, if there is a risk of violence, apply for it at the same timePersonal safety protection order，详见Divorce litigation and legal services for family disputes.

5. Henglue Law Firm's Advice

The first lawsuit being ruled against divorce does not necessarily mean that the strategy has failed. In most cases, it is a matter of evidence and timing: separation for less than two years, insufficient evidence of fault, and insufficient intensity of conflicts will all affect the determination. The six months after the ruling against divorce is a golden period for supplementing evidence. Evidence of fixed separation, fault, and property clues often determine the outcome of the second lawsuit. At the same time, note that malicious delay and transfer of property may constitute unfavorable factors in the division of property. When handling similar cases in the Beijing area, it is recommended to...Beijing Henglu Law FirmUnder the assistance of professional lawyers, we evaluate the timing of prosecution and the evidence-gathering plan.

VI. Frequently Asked Questions

Q1: If I file for divorce directly, can the court grant the divorce in one go?

It depends on the evidence. If you can provide evidence to prove circumstances such as bigamy, cohabitation with others, domestic violence, gambling and drug addiction that have not been corrected despite repeated warnings, or separation for more than two years due to marital discord, and the other party has no valid defense, there's a higher chance of a divorce being granted on the first attempt; if there's a lack of evidence, the other party firmly refuses to agree, or the intensity of the conflict is insufficient, the court is more likely to rule against the divorce on the first attempt. The outcome of the case depends on the evidence and the court's determination, and no lawyer can guarantee a favorable outcome on their own. The more prepared you are, the more controllable the time and cost will be.

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

The evidence is classified into four categories: 1. Evidence of identity and marital status, including marriage certificates, household registration books, and birth certificates of children; 2. Evidence of marital breakdown, such as separation certificates, police reports, photos of injuries, chat records, affidavits, and evidence of the other party's fault; 3. Property evidence, including real estate certificates, vehicle registration documents, bank account statements, stock accounts, insurance policies, and debt certificates; 4. Evidence of child custody, including photos of daily life, school and medical records, and proof of companionship. The evidence should be organized chronologically and compiled into a booklet to form a complete chain, avoiding disorganized submission in court hearings.

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

The case acceptance fee shall be paid in accordance with the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007), with the amount of the litigation request as the base for gradual payment in segments. For cases applying the simplified procedure, the fee shall be halved; for cases settled through mediation or withdrawn, the fee shall also be halved. The higher the value of the property involved, the higher the fee will be. Lawyer's fees shall be determined through consultation between the law firm and the client, and there is no unified government pricing. For applications for property preservation and appraisal and pricing, additional fees shall be paid in advance. It is recommended to calculate the litigation costs and the expected dividend together before filing a lawsuit.

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

The first-instance ordinary procedure is concluded within six months and the simplified procedure within three months. However, if the defendant's whereabouts are unknown and the service needs to be announced, the service alone may take several months. If the first judgment does not grant the divorce and there are no new circumstances or reasons, the second lawsuit will not be accepted within six months. In practice, it's not uncommon for the entire process to span over a year. For cases involving domestic violence, separation for more than two years, and other statutory circumstances with solid evidence, the timeframe may be significantly shorter than the above-mentioned period. Foreign-related and Hong Kong/Macao/Taiwan-related cases take longer due to the longer service and authentication procedures.

Q5: The negotiation has broken down. What should I do before filing a lawsuit in court?

There are four steps to proceed: First, confirm the jurisdiction court and the jurisdiction basis; Second, fix the evidence of the breakdown of the relationship, with a focus on the materials corresponding to the statutory circumstances; Third, sort out the list of property and debts, and apply for preservation to prevent transfer if necessary; Fourth, draft a complete petition including divorce, child custody, property division, and debt assumption. If there is a risk of violence, prepare the application at the same timePersonal safety protection orderIf you're not sure whether the evidence is sufficient, hire a professional lawyer to evaluate it as soon as possible.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of judgments 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 Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.