[Direct answer]There are only two paths to divorce. Consensual divorce requires both parties to voluntarily agree to divorce and reach an agreement on child custody, property division, and debt settlement. After signing a written agreement, they must personally apply to the marriage registration authority. Either party may withdraw the application within 30 days from the date of application. If no application for a divorce certificate is made within 30 days after the expiration of the time limit, it shall be deemed as a withdrawal of the application. The core condition for litigation divorce is that the marriage relationship has indeed broken down. Article 1079 of the Civil Code of the People's Republic of China stipulates that if the mediation fails due to circumstances such as bigamy, cohabitation with others, domestic violence, or separation for more than two years, the divorce shall be granted; if the first judgment does not grant the divorce but the parties separate again for more than one year after the first judgment, the divorce shall be granted upon the second suit. It is recommended to first determine the path of divorce and then fix the evidence.

I. Problem Background and Typical Scenarios

The sticking points for the parties involved are usually not the law itself, but three things: the other party's refusal to cooperate, failure to reach an agreement on the terms, and not knowing where to start. Common scenarios include a relationship that has already broken down but one party delays taking action; one party being long-term absent from the mainland or abroad and unable to arrange a registration; wanting to get rid of the marriage as soon as possible after the end of domestic violence; and rushing to sign an agreement before clarifying the scope of joint property. When handling family cases in Beijing courts, the court usually first reviews jurisdiction, the validity of the marriage, and the divorce path, and then proceeds to substantive trial. If the path of judgment is wrong, the subsequent time and expenses will be wasted.

II. Key points of contention

First, the application of divorce by agreement and the cooling-off period. Both parties voluntarily agree on the custody of children, the division of property and debts, and submit the application in writing and apply for registration in person; within the 30-day cooling-off period, either party may withdraw the application. After the expiration of the cooling-off period, both parties shall apply for the issuance of a divorce certificate in person. Failure to apply within the time limit shall be deemed as a withdrawal of the application. Second, the statutory standards for litigation divorce. The fact that the marital relationship has broken down is a substantive condition. Circumstances such as bigamy, cohabitation with others, domestic violence or abandonment of family members, persistent gambling or drug addiction, or separation for more than two years due to marital discord, if mediation fails, the divorce shall be granted. Third, special handling of one party's whereabouts unknown. If the other party sues for divorce, the court may serve the notice of litigation and hold a trial in absentia according to law, and the divorce shall not be denied solely because the other party fails to appear in court. Fourth, foreign-related and identity factors. If both parties or one party are foreign nationals or stateless persons, the marriage registration authority generally does not accept the registration of divorce, and the marriage relationship must be dissolved by litigation or mediation in Chinese courts, with jurisdiction usually determined by the defendant's habitual residence. Fifth, the connection between two lawsuits. If new circumstances or reasons arise after the judgment of divorce is denied, the party may sue again. If the parties have separated for more than one year after the judgment of divorce is denied, the party who sues again shall be granted a divorce.

III. Professional analysis by Henglue Law Firm

The wrong choice of path is most directly manifested as the program not being able to proceed. Ms. Zhang and Mr. Liu registered their marriage in 1991. After marriage, they 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 marriage broke down due to Mr. Liu's infidelity. The two parties had already reached an agreement on the dissolution of their marriage and the ownership of their property: the Beijing house, overseas properties, deposits, financial products, and insurance under Ms. Zhang's name would belong to her personally, and the Shanghai house under Mr. Liu's name would belong to him personally. However, since both parties are foreign nationals, the civil affairs department was unable to handle the divorce registration, and the path of divorce by agreement was blocked directly. After the lawyer's intervention, the first step was to solve the procedural problem: according to the relevant provisions of civil litigation, although the parties are foreign nationals, since they have a habitual residence in China, Chinese courts have jurisdiction over this case. Based on this, the lawyer prepared materials such as identity certificates, marriage certificates, and property ownership certificates, and successfully filed a lawsuit. Then, the lawyer addressed the substantive issues: he sorted out the domestic and overseas properties, deposits, financial products, insurance, and memberships under the names of both parties, and proposed a division plan that each party's property would belong to them personally, and each party's debts would be borne by themselves. Through repeated communication with the other party during the mediation organized by the court, the two parties finally signed a mediation agreement in court, dissolved their marriage, and completed the judicial confirmation of the property division. The mediation agreement took effect immediately after the parties signed and affixed their seals. 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. For the verification and translation/authentication of foreign identities and overseas assets, please refer to the relevant guidelines.Financial capital and cross-border transactions involving foreign entities1. The experience in handling such cases; 2. The inventory of assets and the subsequent implementation of safeguard measures; 3. The handling of legal disputes and the protection of clients' rights and interests.Creditor's rights and debts, and enforcementOur ideas are similar in this regard.

IV. Practical suggestions and legal basis

According to Articles 1076 to 1079 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021): Where both spouses voluntarily divorce, they shall sign a written divorce agreement and personally apply for divorce registration at the marriage registration authority. Within 30 days from the date the marriage registration authority receives the application, either party may withdraw the application if they are unwilling to divorce. Within 30 days after the expiration of the cooling-off period, both parties shall personally apply for the issuance of a divorce certificate. Failure to apply within the time limit shall be deemed as withdrawal of the application. When the people's court tries divorce cases, it shall conduct mediation. Where the marital relationship has indeed broken down and the mediation is ineffective, the divorce shall be granted. For foreign-related divorces, the jurisdiction and recognition of foreign judgments shall be subject to the current effective laws, regulations, and judicial rulings. Action list: First, determine which path to take. If the other party is uncooperative, there are disputes over property and children, or there are signs of domestic violence or property transfer, it is more secure to directly file a lawsuit. Second, fix evidence of marital breakdown, including separation certificates, police reports and warning records, medical records, and chat and transfer records. Third, prepare a list of property and debts with supporting ownership certificates. Fourth, if one party is in a foreign country or overseas, prepare materials proving their habitual residence in advance. Fifth, for foreign-related cases, confirm the jurisdiction of the court and the requirements for translation and certification of documents as soon as possible. The overall process can be learned first.Divorce litigation and family disputesThe key points of handling it.

5. Henglu Law Firm's Reminder

The conditions for divorce are not a multiple-choice question, but a combination of facts and evidence. There are several common misunderstandings that need to be avoided. First, if negotiation fails, it doesn't mean the divorce can't proceed. Litigation is the legal fallback option, without a cooling-off period. However, after the first judgment disallowing the divorce, it's usually necessary to wait six months before suing again. Second, don't make major concessions on property and child arrangements in order to get free as soon as possible. Once the agreement is registered, it becomes binding, and it's extremely costly to regret it later. Third, if the other party engages in domestic violence, you should immediately report the case to the police, obtain medical evidence, and apply for a personal safety protection order. Don't engage in heated confrontations with them before collecting evidence. Fourth, for foreign-related marriages involving overseas properties and foreign court judgments, you should first confirm whether they need to go through the recognition process in China. Otherwise, it may be a waste of effort. Fifth, when it comes to children, you should simultaneously prepare daily care and schooling/medical records. The bargaining chips for custody arrangements come from facts, not emotions.Beijing Henglu Law FirmTip: First determine the path, then identify the evidence, and finally negotiate the terms. If you follow this order, the time and cost of divorce will be significantly reduced.

VI. Frequently Asked Questions

Q1: Is it guaranteed that the court will grant a divorce if a lawsuit for divorce is filed?

There's no guarantee. If it's the first time suing, and the other party firmly refuses and lacks evidence of a breakdown in the relationship, the court may rule against the divorce. Usually, you need to wait six months before suing again. If there are statutory circumstances such as domestic violence, living apart for more than two years due to marital discord, bigamy, or cohabitation with others, and mediation fails, the divorce will generally be granted. If the parties live apart for more than a year after the first ruling against the divorce, and one party sues again, the divorce will be granted. Whether the divorce will be granted depends on whether the evidence can prove that the relationship has indeed broken down. Any promises about the outcome are not credible.

Q2: What evidence do I need to prepare?

The materials related to identity and marital status include ID cards, household registration materials, and marriage certificates; evidence of a breakdown in the relationship includes separation certificates, police reports and domestic violence warnings, medical records, chat and call logs, and witness statements; property-related evidence includes ownership certificates for real estate and vehicles, bank and payment platform transaction records, financial insurance and equity certificates, and loan contracts; and materials related to children include birth certificates, daily care records, and school and medical records. It is recommended to organize these materials into a list by category and prepare both the original documents and copies.

Q3: How much does it cost to file a divorce lawsuit?

In terms of litigation fees, for each divorce case, a fee of 50 yuan to 300 yuan shall be paid. For the portion involving property division and with a total value of over 200,000 yuan, a separate fee shall be paid according to the proportion. The specific fees shall be subject to the "Measures for the Payment of Litigation Fees". Generally, the plaintiff shall pay in advance, and the final burden shall be borne according to the sharing ratio determined by the judgment; if applying for property preservation, an application fee for preservation shall also be paid. The attorney's fees shall be determined according to the complexity of the case, the scale of the property, and whether it involves foreign affairs. Marriage cases shall not implement risk-based attorney's fees according to law, and the final fees shall be subject to the written entrustment contract.

Q4: How long does it take from deciding to divorce to actually getting a divorce?

For a divorce by agreement, it is necessary to go through a 30-day cooling-off period, and both parties must jointly apply for the issuance of the divorce certificate within 30 days after the expiration of the cooling-off period. For a divorce by litigation, the first-instance trial is generally concluded within three to six months after the case is registered. However, if the case involves appraisal, expert evaluation, or the retrieval of overseas materials, the process may take longer. If the first lawsuit is ruled not to grant a divorce, it is usually necessary to wait six months before filing another lawsuit, or to file another lawsuit based on statutory circumstances such as being separated for one year. There should be a buffer period in the time arrangement, and it is necessary to preserve the property in advance.

Q5: What should I do first?

First, conduct a self-assessment: whether the other party agrees to divorce, whether the arrangements for property and children can be negotiated, and whether there are signs of domestic violence or asset transfer. Write down these three points clearly. The second step is to secure evidence, especially evidence of separation, fault, and asset flow clues, while avoiding confronting the other party before the evidence is secured. The third step is to consult a professional lawyer with the materials, confirm the legal path, the jurisdiction of the court, the combination of claims, and the cost range, and then decide whether to register the agreement or file a lawsuit.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

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. If you encounter disputes, please consult a practicing lawyer in time.