[Direct answer]From the perspective of divorce lawyers, emotional coldness is a typical type of marital breakdown that is objectively present but difficult to prove. It is generally not explicitly listed in the first few items of Article 1079 Paragraph 3 of the Civil Code of the People's Republic of China, but is included in the catch-all category of other circumstances leading to the breakdown of marital affection, and the court reviews it more cautiously. Whether a divorce can be granted at one go depends not on the complainant's statements, but on whether objective evidence such as long-term separation, lack of communication, and repeated failed mediation can form a complete time chain. If it can be proven that the couple has been separated for more than two years due to marital discord, the basis for the determination will be significantly strengthened. It is recommended to fix evidence as soon as possible, evaluate the timing of litigation, and prepare for claims of property division and child custody simultaneously.

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 feelings between the spouses have indeed broken down and the mediation is ineffective, the divorce shall be granted. The third paragraph lists the circumstances under which the divorce shall be granted if the mediation is ineffective: bigamy or cohabitation with others; domestic violence or abuse and abandonment of family members; gambling and drug addiction that cannot be corrected despite repeated warnings; separation for more than two years due to marital discord; and other circumstances that lead to the breakdown of the marital relationship. For cold violence, the difficulty lies in whether it falls into the catch-all category. The court must review the continuity, severity, and actual impact of the behavior on the marital relationship. The key points of evidence are to prove the start and end time of the separation and the process of communication breakdown.

2. Article 1091 of the Civil Code of the People's Republic of China (effective January 1, 2021)

The article stipulates the statutory circumstances for divorce damages: bigamy; cohabitation with others; domestic violence; abuse and abandonment of family members; and other major faults. If the divorce is caused by one of the above circumstances, the innocent party has the right to request damages. The legislative purpose is to impose civil liability on the party who seriously violates marital obligations. The prerequisite for application are that the faultful behavior reaches the statutory serious level and has a causal relationship with the divorce. Cold violence is usually not recognized as domestic violence and is difficult to directly correspond to abuse, so it is difficult to obtain compensation solely based on this article; but if it is combined with long-term mental harassment and causes diagnosed serious mental damage consequences, individual cases will fall into the scope of evaluation of other major faults.

3. Practical adjudication guidelines

There are several established experiences in courts handling divorce cases involving emotional coldness: If the first lawsuit only contains statements about emotional coldness and lacks objective evidence, the court is more likely to rule against the divorce. However, if the case is re-filed after six months, the likelihood of the court recognizing the breakdown of the marriage will significantly increase. If the parties can provide proof of separation and evidence of communication breakdown for more than two consecutive years, the court is more likely to determine that the marriage has indeed broken down and grant the divorce on the first attempt. Courts generally emphasize mediation, and cases involving emotional coldness are usually arranged for multiple rounds of mediation and the preparation of transcripts. The record of unsuccessful mediation will become an important basis for the court's judgment. If child custody is involved, the court will evaluate the impact of a long-term indifferent environment on the minors.

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 psychological abuse for a long time, which led to Li Xiang being diagnosed with moderate depression. In March 2025, Li Xiang entrusted a lawyer to file a lawsuit against Li Li in 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. During the litigation process, the lawyer went to Li Li's household registration address for investigation and made a breakthrough discovery: Li Li had registered her marriage with a Swedish man named George on November 26, 2014. However, she was divorced by the Uppsala District Court of Sweden on January 18, 2018. Before Li Li and Li Xiang registered their marriage on May 14, 2018, Li Li had not applied to an intermediate court for recognition of the Swedish divorce judgment in accordance with Chinese law, and the previous marriage had not been dissolved under Chinese law.

The focus of the controversy:First, how to determine the legal effect of a foreign court's divorce judgment in China; Second, whether Li Li's re-registration of marriage without legally dissolving her previous marriage constitutes bigamy and renders her subsequent marriage invalid; Third, the retrieval of overseas evidence and the application of law, including the additional certificate of the Swedish judgment, notarized translation, and the distinction between court-ordered divorce and administrative-registered divorce.

Our position and the other party's position are as follows:Li Xiang requested to dissolve his painful marriage with Li Li and confirmed that the marriage was invalid due to bigamy. Li Li denied domestic violence and denied having married a foreigner, claiming that she had legally divorced based on the certificate issued by the Swedish Tax Authority and authenticated by the embassy, and refused to acknowledge the invalidity of the marriage.

Attorney's Strategy and Legal Opinions:After discovering the fact of bigamy, the attorney handling the case decisively changed the claim from divorce to confirmation of the invalidity of the marriage, and simultaneously initiated overseas evidence collection: applying to the Swedish court for the disclosure of the divorce judgment, completing the notarization and Chinese translation of the additional certificate; submitting the provisions of the Swedish Marriage Law to prove that the tax bureau does not have the authority to dissolve the marriage; accurately citing the relevant norms recognizing foreign divorce judgments, clarifying that foreign judgments must be recognized by Chinese intermediate courts before taking effect in China; retrieving the marriage registration archives to prove that Li Li submitted the information to the Swedish tax bureau rather than the recognized judgment in the past. The attorney's opinion pointed out that Li Li's previous marriage was legal and valid, and the foreign judgment had not yet taken effect. Therefore, her remarriage constituted bigamy, and the marriage should be declared invalid.

The court's reasoning and the outcome of the case:After trial, the People's Court of Shunyi District, Beijing City adopted the attorney's agency opinion and made a civil judgment on April 30, 2026: confirming that the plaintiff Li Xiang's marriage with the defendant Li Li is invalid; the case acceptance fee of 150 yuan shall be borne by the defendant Li Li. This case has become a rare typical example in foreign-related marriages where the non-recognition of a foreign divorce judgment results in the invalidation of the marriage due to bigamy.

The case is handled byXiong Binrong(Practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) For agents, please refer to it as wellAttorney He NingningSimilar practical experience in custody disputes.

III. Frequently Asked Questions

Q1: In cases of divorce due to emotional coldness, will the court grant the divorce at the first hearing?

Not necessarily. It depends on whether the evidence can prove that the marriage has truly broken down. Article 1079, paragraph 3 of the Civil Code of the People's Republic of China lists the statutory circumstances under which a divorce should be granted, including bigamy or cohabitation with others, domestic violence or abuse and abandonment of family members, gambling and drug addiction that cannot be corrected despite repeated warnings, separation for more than two years due to marital discord, and other circumstances that lead to the breakdown of the marital relationship. Cold violence is usually not included in the explicitly listed circumstances and is often classified as a residual category, subject to more rigorous review. If supported by evidence such as a long-term separation of more than two years, a lack of communication for a long time, and repeated failed mediation attempts, the likelihood of the first lawsuit being granted will be significantly increased.

Q2: How to collect evidence of emotional coldness? Are WeChat records and audio recordings useful?

It's useful, but it needs to be systematic. The core characteristics of cold violence are long-term lack of communication, lack of response, and failure to fulfill family obligations. The following materials can be used to support this: screenshots of unread messages in WeChat or text messages, long-term one-way communication, and explicit refusal to communicate; rental contracts during the separation period, community or property residence certificates; testimonies from relatives, friends, and colleagues about the long-term lack of communication between the two parties; medical records and prescriptions for depression and anxiety due to cold violence; and mediation transcripts. The methods of obtaining evidence must be legal. Evidence obtained illegally from others' private spaces may not be accepted, and WeChat records should be notarized or presented in court with the original carriers.

Q3: Can I claim compensation for mental distress caused by emotional coldness?

It's usually quite difficult to obtain support on this matter alone. Article 1091 of the Civil Code of the People's Republic of China stipulates that in cases of divorce caused by circumstances such as bigamy, cohabitation with others, domestic violence, abuse, or abandonment of family members, the innocent party has the right to request compensation for damages. All the circumstances listed in this article are subject to the condition that they reach a certain severity. Simple cold violence and long-term lack of communication are generally difficult to directly fall into this category. If the cold violence has constituted mental abuse and caused a diagnosed serious mental illness, individual cases will be dealt with according to the degree of fault, but the proportion of cases receiving support is not high. It is recommended to focus on proving the breakdown of the marriage in order to dissolve the marriage as soon as possible.

Q4: What are the procedural differences between a divorce involving cold violence and an ordinary divorce?

The process is basically the same, but the differences lie in the focus of evidence collection and the mediation stage. Cold-shoulder divorce also follows the complete process of filing a lawsuit, initiating a case, serving legal documents, holding a court hearing, conducting mediation, and issuing a judgment, with the time limit for the simplified procedure being three months and that for the ordinary procedure being six months, as stipulated in the Civil Procedure Law of the People's Republic of China. There are three differences: First, the focus of evidence collection shifts from the act of infringement to the continuous facts of emotional indifference and long-term separation, which requires a longer time span; Second, the court usually attaches more importance to mediation and often arranges multiple rounds of mediation; Third, the probability of not granting a divorce in the first instance is relatively high, so it is necessary to reserve time and costs for a second lawsuit.

Q5: If the other party persistently ignores me and refuses to divorce, what should I do?

It is recommended to proceed in three steps: evidence, timing, and plan. In terms of evidence, systematically preserve written records of separation and lack of communication to form a timeline; in terms of timing, pay attention to the requirement in Article 1079, Paragraph 3 of the Civil Code of the People's Republic of China that the parties must have been separated for two years due to marital disharmony. If it can be proven that the parties have been separated for two years and there is no possibility of reconciliation, the basis for determining that the marriage has broken down will be more solid; in terms of plan, you can first attempt to divorce by agreement to save time. If no agreement can be reached, you can file a lawsuit, and at the same time, claim matters such as child custody and division of joint property to avoid multiple litigations.

IV. Suggestions for Protecting Rights

  • From now on, the system will keep track of the evidence: arrange the chat records with no communication for a long time, the proof of residence during the separation, and the records of repeated mediation without success in chronological order. Cases of emotional coldness are most afraid of scattered evidence.
  • Seize the node of being separated for two years: According to Article 1079, Paragraph 3 of the Civil Code, being separated for two years due to marital disharmony is an important basis for determination. It is necessary to distinguish between being separated due to working in different places and being separated due to marital breakdown.
  • Legal evidence collection and avoiding backfiring: Do not adopt methods such as wiretapping or illegally hacking into others' devices. Evidence collected by illegal means may not be admitted in court and may lead to other legal risks.
  • Submit all requests at once: When suing, claim divorce, child custody, division of joint property, and debt sharing at the same time to avoid the time cost of additional litigation due to omissions.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm·Beijing Henglue Law Firm