[Direct answer]It's useful. In cases where one party firmly refuses to divorce, the role of lawyers is often more evident than in ordinary divorce cases. According to Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021), the statutory standard for the court to grant a divorce is that the marital relationship between the couple has indeed broken down. The other party's refusal to agree to the divorce does not constitute a reason for denying the divorce, but it will directly affect the difficulty of providing evidence and the pace of the trial. If the first lawsuit is dismissed due to insufficient evidence, and the parties file another lawsuit after being separated for one year, the divorce should be granted. The value of lawyers lies in: organizing evidence around the statutory divorce circumstances, designing a strategy for the connection between the first and second lawsuits, handling property preservation and child custody arrangements simultaneously, and striving to resolve all disputes in one go during mediation. Therefore, hiring a lawyer cannot guarantee the outcome, but it can increase the likelihood of claims being accepted and enhance the certainty of the legal process.

I. Legal basis and interpretation of provisions

1. Article 1079 of the Civil Code of the People's Republic of China (effective from January 1, 2021)

The article stipulates that if one of the spouses requests a divorce, the relevant organizations may mediate or the spouse may directly file a divorce lawsuit with the people's court; the people's court shall conduct mediation when handling divorce cases. If the marriage relationship has indeed broken down and the mediation is ineffective, the divorce shall be granted.

2. Article 1092 of the Civil Code of the People's Republic of China (effective as of January 1, 2021)

The article stipulates that if one spouse hides, transfers, sells, damages, or squanders the couple's joint property, or forges the couple's joint debts in an attempt to misappropriate the other spouse's property, the other spouse may be awarded a smaller share or no share at all when dividing the couple's joint property in a divorce; and after the divorce, if the other spouse discovers any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request a re-division of the couple's joint property.

3. Article 103 of the Civil Procedure Law of the People's Republic of China (effective from January 1, 2024)

The provision states that if the act of one party or other reasons may make it difficult to enforce the judgment or cause other damages to the party, the other party may apply for property preservation, and the people's court may also decide to take preservation measures on its own initiative.

4. Practical judicial interpretation

In practice, courts generally take a cautious approach to the first lawsuit for divorce, especially in cases where one party firmly refuses to divorce and there are minor children involved. In such cases, the court often rules against the divorce on the grounds of giving the couple another chance to reconcile.

II. Henglue Lawyer's Real Cases (Detailed Review)

Review of the case: The plaintiff, Li Xiang, and the defendant, Li Li, met through a dating website in December 2015. They 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 mental abuse for a long time, which led to Li Xiang being diagnosed with moderate depression. In March 2025, Li Xiang entrusted lawyer Xiong Binrong of Beijing Henglu Law Firm to sue Li Li at Shunyi District Court for divorce disputes, requesting the dissolution of the marriage, the division of real estate and vehicles, and the sharing of joint debts. Li Li firmly opposed the divorce in court, and the case once reached a stalemate.

Controversial issues: First, the enforceability of foreign divorce judgments in China. According to Chinese law, divorce judgments from foreign courts with which China does not have a judicial assistance agreement must be recognized by Chinese intermediate courts before they can take effect in China. However, Li Li did not apply for recognition, so her previous marriage was not legally dissolved. Second, whether this constitutes bigamy and whether the marriage is invalid. Li Li registered her marriage with Li Xiang while her previous marriage was not legally dissolved, which may fall under the circumstances where bigamy invalidates a marriage. Third, the collection of overseas evidence and the application of relevant laws.

Our position and that of the other party are as follows:Li Xiang requested to dissolve the painful marriage with Li Li and confirmed that the marriage was invalid due to bigamy, in order to completely get rid of the repeated entanglement. Li Li denied domestic violence and denied having married a foreigner, claiming that she had legally divorced with the proof from the Swedish Tax Authority and the embassy's authentication, and refused to acknowledge the invalidity of the marriage, resolutely opposing the divorce request.

Attorney's Strategy and Legal Opinion: Facing the other party's firm refusal to agree to a divorce, Attorney Xiong Binrong did not simply persist in repeatedly filing lawsuits, but instead changed the nature of the case through investigation: after discovering the fact of bigamy, she decisively changed the claim from divorce to confirmation of the invalidity of the marriage; simultaneously conducted overseas evidence collection, applied to the Swedish court for the disclosure of the divorce judgment, and completed the notarization and Chinese translation of the additional certificate; submitted the provisions of the Swedish Marriage Law to prove that the tax bureau had no authority to dissolve the marriage; accurately cited the relevant provisions recognizing foreign divorce judgments, clarifying that foreign judgments must be recognized by the intermediate court to take effect; and retrieved the marriage registration archives to prove that the information submitted by Li Li was from the Swedish tax bureau rather than a recognized judgment.

Court reasoning and case outcome: After trial, the People's Court of Shunyi District, Beijing City fully adopted the attorney Xiong Binrong's legal opinion and made a civil judgment on April 30, 2026: According to Article 1051 of the Civil Code of the People's Republic of China (effective on January 1, 2021), it was confirmed that the marriage between the plaintiff Li Xiang and the defendant Li Li was invalid; the case acceptance fee of 150 yuan was borne by the defendant Li Li.

This case is handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, the document issued by the judicial administrative organ shall prevail) acts as the agent.

III. Frequently Asked Questions

This column also features other content.Divorce litigation and family disputesThe content of the special topic can also be referred to for reference.

Q1: If the defendant disagrees with the first lawsuit, will the court grant a divorce?

If there is not sufficient evidence to prove that the marriage has indeed broken down, the court will usually rule against the divorce in the first lawsuit. According to Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021), if the people's court rules against the divorce and the parties live apart for more than a year after the ruling, and one party files for divorce again, the divorce shall be granted. Therefore, being rejected the first time is not the end. The key is to fix the facts such as the length of separation, the breakdown of communication, and the failure of mediation, paving the way for the second lawsuit.

Q2: What's the difference between hiring a lawyer and not hiring one?

The main differences lie in the organization of evidence and the pace of the proceedings. Lawyers will design evidence-gathering lists based on statutory divorce circumstances, such as police reports and medical records of domestic violence, legal evidence of extramarital relationships, and records of residence and travel during long-term separation; at the same time, they will determine whether there are more favorable litigation paths such as invalid or revocable marriages. When the other party is adamant about not divorcing, lawyers will usually simultaneously promote mediation, evaluate property preservation, and claim that they have been separated for more than a year when filing a second lawsuit, thereby increasing the likelihood of obtaining a divorce judgment at one go.

Q3: What should I do if the other party hides or transfers their assets?

In the litigation, it is possible to apply to the court for investigation and evidence collection, or to apply for property preservation in accordance with Article 103 of the Civil Procedure Law of the People's Republic of China (effective January 1, 2024), to freeze accounts and seize real estate. If one party hides, transfers, sells, damages, or squanders the couple's joint property, according to Article 1092 of the Civil Code of the People's Republic of China (effective January 1, 2021), the other party may receive a smaller share or no share when dividing the couple's joint property in the divorce; if the other party discovers it after the divorce, they can also file a lawsuit separately to request a re-division of the property.

Q4: How long does the entire process take?

The time limit for the first-instance ordinary procedure is generally six months, and for the summary procedure, it is three months. The specific time limit shall be subject to the court's arrangement. If the first lawsuit is ruled not to grant a divorce, it is usually necessary to wait six months before suing again; if the couple separates for more than a year after the judgment and then sues again, the law should grant a divorce. Therefore, from the first lawsuit to the final dissolution of the marriage, the common cycle is between one and two years, with significant differences in individual cases, depending on the delivery, appraisal, property evaluation, and other procedures.

Q5: Which is better, mediation for divorce or a divorce judgment?

Both have the same legal effect. The mediation agreement and the judgment are both enforceable, but mediation is more efficient, less confrontational, and can clarify custody rights, visitation arrangements, and property and debts in one go, which is conducive to resolving the case. If the other party does not agree to divorce but there is room for negotiation on property and child issues, mediation is often a better choice; if the other party resolutely resists and hides property, it is necessary to clarify the right and wrong through judgment and use preservation and investigation methods to protect their rights and interests.

IV. Advice on Protecting Rights and Interests

For further reading:Divorce litigation and family disputes.

  • When the other party does not agree to the divorce, do not repeatedly argue or move out of the residence without keeping records. Be sure to keep evidence of the separation time, such as the rental contract, utility payment records, and the neighborhood committee's certificate. This is crucial for claiming that the separation has lasted for one year in the second lawsuit.
  • 1. Secure evidence of the fault as soon as possible: police reports of domestic violence, injury records, warning letters; legal evidence of extramarital affairs; and punishment decisions for gambling and drug abuse, etc. The legality and relevance of the evidence are more important than their quantity.
  • If you suspect that the other party is transferring assets, sort out the bank statements, real estate, and equity information as soon as possible, and assess whether it is necessary to apply for property preservation to avoid winning the lawsuit but not being able to recover the money.
  • Include the arrangements for child support and visitation in the litigation request to avoid having the divorce and child support issues litigated separately in two stages, thereby saving time and costs and reducing the repeated impact on the children.
  • If the first lawsuit is ruled not to grant a divorce, the separation period shall be calculated from the date the judgment takes effect. After one year, the party shall promptly file another lawsuit and, with the assistance of a lawyer, supplement and improve the evidence.

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 for Family Disputes·Attorney Xiong Binrong·Beijing Henglue Law Firm