[Direct answer]In the Beijing area, to prove the breakdown of a marriage, evidence must be provided based on the circumstances listed in Article 1079 of the Civil Code of the People's Republic of China: bigamy or cohabitation with others, domestic violence or abandonment, gambling and drug addiction that cannot be corrected despite repeated warnings, separation for more than two years due to marital discord, and other circumstances leading to the breakdown of the marriage. Key evidence includes police reports, hospital diagnosis certificates, chat and travel records, separation agreements or rental contracts, letters of repentance, and witness statements. The court uses the standard of "the marriage has indeed broken down and there is no possibility of reconciliation" to determine the divorce, and it is recommended to systematically fix the evidence and, if necessary, entrust professional lawyers to formulate evidence-gathering plans.

I. Problem Background and Typical Scenarios

When suing for divorce, many litigants face the dilemma of "the judge saying that the marriage has not broken down". Typical scenarios include: the other party refuses to agree to the divorce, and the first lawsuit is ruled inadmissible; there is domestic violence, but only verbal accusations without written evidence; finding that the spouse has been unfaithful but without direct evidence of them being caught in bed; and living apart for more than two years due to marital discord but failing to keep proof of separation. There are also some cross-border or complex situations, such as one party having a foreign marriage that has not been legally dissolved, leading to doubts about the validity of the subsequent marriage. In practice, whether the evidence chain is complete directly determines whether a divorce can be granted at once, and this can be combined with other evidence to support the claim.Divorce litigation and family dispute resolution servicesCoordinated assessment.

II. Key points of dispute

There are three key points in the dispute over the breakdown of a relationship. Firstly, the determination of statutory circumstances: whether domestic violence, infidelity, and separation meet the standard of "irreconcilable differences". Single occasional disputes are usually not recognized as such. Secondly, the completeness of the evidence chain: domestic violence requires police reports and medical diagnoses, infidelity requires indirect evidence such as communication records and travel itineraries, and separation requires supporting documents such as rental contracts and community certificates. Thirdly, the legal effect of foreign factors: foreign divorce judgments that have not been recognized by Chinese intermediate courts still maintain the validity of the previous marriage, and remarriage may constitute bigamy. The court places greater emphasis on objective documentary evidence rather than subjective statements.

III. Professional analysis by Hengluo Lawyers

Take a marital validity dispute case handled by our firm as an example: The plaintiff, Li Xiang, and the defendant, Li Li, registered their marriage in 2018. After the marriage, Li Li subjected Li Xiang to domestic violence and psychological abuse for a long time, which led to Li Xiang suffering from moderate depression. Li Xiang entrusted a lawyer to file a divorce lawsuit, and the lawyer made a groundbreaking discovery during the investigation that Li Li had registered her marriage with a Swedish man in 2014. In 2018, the Swedish court ruled on the divorce, but did not apply to the intermediate court for recognition in accordance with Chinese law. Therefore, Li Li's previous marriage was not legally dissolved in Chinese law when she married Li Xiang, constituting bigamy. The lawyer changed the claim to confirm the invalidity of the marriage, went abroad to collect evidence, obtained the additional certificate of the Swedish judgment, translated the document into Chinese, and submitted the marriage registration file to prove that the previous marriage had not been legally dissolved. The court accepted the lawyer's opinion and ruled that the marriage was invalid. This case was handled by Beijing Hengluo Law Firm.Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate 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) (circumstances of emotional breakdown and standards for granting a divorce), and Article 1091 (damage compensation); the foreign-related part involves the rule that foreign divorce judgments must be recognized by Chinese intermediate courts. Practical advice: Report domestic violence to the police immediately and seek medical diagnosis; if infidelity is discovered, collect communication, travel, and consumption records to form an indirect chain of evidence; if the couple lives separately due to marital discord, keep the rental contract, community certificates, and written separation agreements; and for foreign-related marital history, it is necessary to complete the foreign judgment recognition procedure first. Evidential strategies can be assisted byDivorce litigation and family dispute resolution servicesIt is organized by the lawyer system.

5. Hengluo Law Firm's Reminder

When proving that the relationship has broken down, it is crucial to avoid making unsubstantiated claims and instead rely on documentary evidence and a timeline. Three reminders: First, evidence of domestic violence and infidelity must be preserved immediately; delaying action may result in the loss of evidence. Second, if the first lawsuit fails to result in a divorce, do not wait passively. Instead, continue to gather evidence of separation and new facts. After one year, the probability of obtaining a divorce through a second lawsuit will significantly increase. Third, in the case of international marriages, it is necessary to first clarify the legal status of the previous marriage. Rashly remarrying may trigger the risk of bigamy. If you need help organizing evidence, please contact us.Attorney Xiong BinrongTeam evaluation.

VI. Frequently Asked Questions

Q1: How can I prove that our relationship has broken down, and will the court definitely grant a divorce in this case?

There is no guarantee that the court will definitely grant a divorce. The court uses the criteria of "their feelings have truly broken down and there is no possibility of reconciliation" to determine whether to grant a divorce. If you can provide evidence of legal circumstances such as bigamy, cohabitation, domestic violence, bad habits, and separation for more than two years in accordance with Article 1079 of the Civil Code, and form a complete chain of evidence, the probability of granting a divorce will significantly increase; if there are only verbal accusations and a lack of documentary evidence, the first lawsuit is often ruled inadmissible. It is recommended to rely on objective evidence rather than relying on the other party's recognition in court. When necessary, you can entrust a lawyer to evaluate the chances of granting a divorce in your case.

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

The core evidence includes: police reports of domestic violence, warning letters, hospital diagnosis certificates, and photos of injuries; indirect evidence such as chat records of infidelity, travel trajectories, and records of consumption and hotel stays; separation rental contracts, community certificates, and written separation agreements; apology letters and guarantee letters from the other party; and witness statements from informed relatives and friends. The evidence should be organized around the "legal circumstances + timeline + causality", and the more complete the evidence chain is, the easier it will be accepted by the court. It is necessary to avoid scattered and unrelated single pieces of evidence.

Q3: How much does it cost to hire a lawyer to handle a divorce case?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the litigation request (including the subject of property division) and shall be borne by the losing party or shared proportionally; the fees for pure divorce suits involving no large-scale property are relatively low. The attorney's fees depend on the complexity of the case, whether it involves property and children, and the attorney's qualifications. They are usually charged on a per-case basis or based on a percentage of the subject matter value, with the specific charges subject to the contract of engagement. There is no unified government pricing. It is recommended to clarify the charging method and scope before entrusting the case and to proceed after assessing the costs.

Q4: How long does it usually take for a divorce lawsuit to reach a conclusion?

The first-instance ordinary procedure generally concludes within six months, and the summary procedure within three months; it is more common for the first lawsuit to be ruled against divorce or without sufficient evidence of marital breakdown. If the judgment rules against divorce, the plaintiff needs to wait for six months (unless there are new circumstances or new reasons) or one year to sue again. The second-instance procedure generally takes three months. Overall, it usually takes more than half a year to a year from the first lawsuit to the final divorce judgment. Cases involving foreign-related evidence collection and property evaluation will take longer, so it is recommended to plan the pace of evidence collection in advance.

Q5: I want to sue for divorce on the grounds of a broken relationship. What should I do first?

It is recommended to follow four steps: First, sort out the specific circumstances and timeline of the emotional breakdown and determine the statutory circumstances for claiming divorce; Second, classify and fix the evidence, such as reporting domestic violence to the police and seeking medical treatment, obtaining evidence of infidelity, and preparing contracts for separation; Third, assess whether there are assets and children involved, and draft litigation requests accordingly; Fourth, file a lawsuit with the court within the statute of limitations. If the court does not grant the divorce in the first instance, continue to fix new facts and file a lawsuit again after the statute of limitations expires. When necessary, hire a lawyer to draft the complaint and evidence list to increase the likelihood of obtaining a divorce in one go.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, 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. If you encounter disputes, please consult a practicing lawyer in time.