[Direct answer]Yes. Divorce is a unilateral right. If one party does not agree to divorce, it does not affect the other party's right to sue, and the other party does not need to "nod" to file a case. Now, most courts support online litigation: after registering with a real name on the "People's Court Online Service" platform, uploading the complaint, marriage certificate, identity proof, and materials on the breakdown of the marriage, paying the fees online after the review is passed, and the subsequent court hearings can also be conducted online. According to Article 122 of the Civil Procedure Law, the court shall accept the lawsuit if it meets the conditions for filing a lawsuit; according to Article 1079 of the Civil Code, if there are circumstances such as bigamy or cohabitation, domestic violence, gambling and drug addiction, or separation for more than two years due to marital disharmony, and mediation fails, the divorce shall be granted. When the agreement-based divorce fails, litigation is the formal way out. For more details, please refer to the following link:Divorce litigation legal servicesAndBeijing Henglu Law Firm.

I. Legal basis and interpretation of provisions

1. Article 122 of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024)

The lawsuit must meet four conditions: the plaintiff is a citizen with a direct interest in the case; there is a clear defendant; there are specific litigation requests and facts and reasons; and it falls within the scope of civil litigation accepted by the court and within the jurisdiction of the court to which the case is submitted. A spouse suing for divorce naturally meets these conditions—whether the other party agrees is not included in the conditions. The key point of the provisions is jurisdiction: generally, the court of the defendant's residence has jurisdiction. If the defendant's habitual residence and residence are not the same, the court of the defendant's habitual residence has jurisdiction. Before filing a case online, it is necessary to determine the court in advance to avoid the materials being returned.

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

If one of the spouses requests a divorce, the relevant organizations may mediate or the spouse may directly file a divorce lawsuit with the court; the court shall conduct mediation when handling divorce cases. If the mediation fails and the marital relationship has indeed broken down, the divorce shall be granted. The statutory circumstances listed in the provisions include: bigamy or cohabitation with others; domestic violence or abuse, abandonment of family members; persistent gambling or drug addiction after repeated warnings; separation for more than two years due to marital discord; and if the parties separate again after the court's decision not to grant a divorce, and one party files a lawsuit again, the divorce shall be granted — this provides a clear channel for litigants who were initially denied a divorce to sue again.

3. Practical adjudication guidelines (online case filing and first-time divorce judgments)

The practical process of filing a lawsuit online: After real-name authentication on the "People's Court Online Service", select the jurisdictional court, and upload the complaint, marriage certificate, ID card, birth certificate of the children, property list, and evidence of marital breakdown according to the guidelines. The court will usually provide feedback on the review results within several working days. After passing the review, you can pay the fees online. Regarding evidence, judges are generally cautious about first-time litigation, and mediation is carried out throughout the entire process. If there are no statutory grounds for marital breakdown and insufficient evidence, it is common for the first judgment to not grant a divorce. In this case, the parties may file for divorce again after a one-year separation period in accordance with Article 1079 of the Civil Code. The most common pitfall is to simply claim "marital breakdown" without any evidence of separation, conflict, or fault, wasting a round of litigation cycles unnecessarily.

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

Review of the case:Ms. Zhang and Mr. Liu registered their marriage in 1991 and had a daughter who has now reached adulthood. Both of them are now foreign nationals and have been living in Beijing for a long time. Their once stable marriage fell apart due to the man's infidelity. Although the couple have reached an agreement on divorce and property division—Ms. Zhang's name-registered house in Beijing, a property abroad, savings, financial products, and insurance will be owned by her personally, while Mr. Liu's name-registered house in Shanghai will be owned by him personally—they have encountered difficulties in completing the divorce registration due to their foreign nationality, as the domestic Civil Affairs Bureau cannot handle the divorce registration for them. Therefore, the divorce process through agreement has completely stalled. Ms. Zhang has entrusted Beijing Henglue Law Firm to handle the matter for her.Xiong BinrongThe lawyer helps dissolve the marriage through court litigation and confirms the division of property.

The focus of the controversy:First, regarding the procedures and jurisdiction of foreign divorce cases, and whether Chinese courts can accept cases where both parties are foreign nationals. Second, regarding the property division plan agreed upon by both parties, how can it gain legal effect through judicial confirmation.

Our position and the position of the other party are as follows:Ms. Zhang requested to dissolve the marriage and confirmed that the parties had reached an agreement on the division of property, making the ownership of the property under her name enforceable; Mr. Liu agreed to the divorce and the property division plan, and was willing to cooperate in signing the mediation agreement under the supervision of the court.

Attorney's Strategy and Legal Opinions:Attorney Xiong Binrong confirmed based on the Civil Procedure Law and relevant judicial interpretations that: Although the parties are foreign nationals, since their habitual residence is in Beijing, China, the Chinese court has jurisdiction over this case, and the obstacles in the registration process do not constitute a barrier to litigation; assist in preparing materials such as identity certificates, marriage certificates, and property ownership certificates to ensure the smooth filing of the case; comprehensively sort out the real estate, deposits, financial products, and pension memberships owned by both parties, and propose a division plan that each party owns the property under their name and bears their own debts, taking into account the parties' wishes and legal provisions; and emphasize in the mediation that there are no substantive disputes between the parties, and prompt them to sign a mediation agreement in court.

The court's reasoning and the outcome of the case:Under the mediation of the court, the two parties voluntarily reached a mediation agreement: to dissolve the marriage relationship; the property under each party's name shall belong to them respectively, and the debts under each party's name shall be borne by them respectively. The mediation agreement shall take effect upon the signing and stamping by both parties, and shall have the same enforceability as the judgment. All of Ms. Zhang's litigation requests have been satisfied, and the divorce and property ownership have been settled once, providing a clear legal basis for subsequent asset disposal.

This case is 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.

III. Frequently Asked Questions

Q1: How exactly do I file for divorce online?

Register on the "People's Court Online Services" platform with your real name, select a court with jurisdiction, and upload the complaint, marriage certificate, ID card, child birth certificate, property list, and evidence of marital breakdown according to the prompts. After submitting the materials, wait for the review, which usually takes several working days. If the review is successful, you can pay the case acceptance fee online to complete the registration process. Some courts also offer online mediation and online trial services. For cases with numerous evidence and significant disputes, it is recommended to first hire a lawyer to organize the materials to avoid having the case returned for supplementary materials, which may prolong the processing period.

Q2: If the other party firmly refuses to agree, can a divorce be granted in the first lawsuit?

It depends on the evidence. If there are statutory circumstances such as bigamy or cohabitation, domestic violence, gambling and drug addiction, or separation for more than two years due to marital discord, and mediation fails, the court should grant a divorce; it's more common to initially rule against a divorce when there's insufficient evidence. However, a ruling against a divorce isn't a deadlock: if the parties separate again for more than a year after the judgment takes effect and one party files for divorce again, the divorce should be granted in accordance with Article 1079 of the Civil Code. Rather than repeatedly pleading for mercy, it's better to start documenting evidence of separation and conflicts from now on, laying the groundwork for the next round of litigation.

Q3: What documents are required to file for divorce and how much does it cost?

The materials include the complaint, the marriage certificate, the identity certificates of both parties, the birth certificates of the children, the property list and ownership certificates, and evidence of the breakdown of the relationship. Regarding fees, according to the "Measures for the Payment of Litigation Fees", the divorce case shall be paid 50 yuan to 300 yuan per case; if it involves property division and the total amount of the property does not exceed 200,000 yuan, no additional fees shall be paid; for the part exceeding 200,000 yuan, 0.5% of the total amount shall be paid. The online filing also follows the same standards. For cases settled through mediation or withdrawn, applicants may apply for a reduction of half of the fees.

Q4: Can I withdraw the lawsuit or engage in mediation after filing a lawsuit?

Yes. Mediation runs through the entire process of divorce litigation and can be conducted both before and during the litigation. If an agreement is reached, the court will issue a mediation agreement, which has the same legal effect as a judgment. It can also handle issues such as child custody and property division in a comprehensive manner. After the case is filed, if the relationship improves and the plaintiff no longer wants to divorce, they can apply to withdraw the lawsuit before the verdict is announced, and the court will decide whether to grant the application. Litigation is not about "forcing the other party to surrender", but about providing a time-limited exit for a marriage that has failed to reach an agreement through negotiation.

Q5: What should I do if the other party refuses to accept the subpoena or fails to attend the court hearing?

It does not affect the process. If the defendant's whereabouts are unknown, the notice of service can be announced, and the notice period is deemed as service upon its expiration; if the defendant refuses to appear in court without a valid reason after being summoned by a subpoena, the court may make a judgment in absentia. In divorce cases, unless the plaintiff is unable to express his/her intention, he/she should generally appear in court. If there are special circumstances preventing him/her from appearing in court, he/she shall submit written opinions. If the other party resorts to "hiding" to resist the lawsuit, it will only result in the loss of opportunities for cross-examination and negotiation, but will not prevent the divorce judgment from taking effect.

IV. Suggestions for Protecting Rights and Interests

  • Before filing a lawsuit, it is necessary to secure evidence of the breakdown of the relationship, such as separation records, police reports, chat logs, and evidence of the other party's fault, in order to avoid a round of futile litigation.
  • If the registration of divorce is obstructed, or if the other party delays or retracts their agreement, proceed directly to litigation instead of waiting indefinitely for "further discussion".
  • When filing a lawsuit, claim custody, alimony, and property division at the same time to reduce the burden and cost of multiple litigation rounds.
  • Submit all the materials for online case filing at once, and the jurisdictional court will first verify them. The most time-consuming part is returning the materials for correction.
  • In special circumstances such as involving foreign affairs, military affairs, or where one party's whereabouts are unknown, lawyers should first confirm the jurisdiction and procedures before taking action.

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