[Direct answer]Yes. According to Article 1079 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), if one spouse requests a divorce, the relevant organizations may conduct mediation or the spouse may directly file a divorce lawsuit with the people's court. When the people's court tries a divorce case, it shall conduct mediation. If the marital relationship has indeed broken down and the mediation is ineffective, the divorce shall be granted. The article also lists the circumstances under which a divorce shall be granted, including bigamy or cohabitation with others, domestic violence or abuse and abandonment of family members, repeated refusal to reform gambling and drug addiction habits, and separation for more than two years due to marital disharmony. If one spouse is declared missing and the other spouse files a divorce lawsuit, the divorce shall also be granted. After the judgment refuses to grant a divorce, if the parties separate again for more than one year and one spouse files a divorce lawsuit again, the divorce shall be granted. If the first lawsuit refuses to grant a divorce and there are no new circumstances or new reasons, the court shall not accept it within six months, but it can be sued again after six months. In Beijing, if the first lawsuit lacks sufficient evidence of marital breakdown, the court is usually more cautious.

1. Problem background and typical scenarios

"Can I sue for divorce on my own if the other party refuses to agree to the divorce?" is one of the most common legal consultations. Many litigants mistakenly believe that divorce requires the consent of both parties, thus being trapped in a marriage that is in name only. In reality, marital freedom includes the freedom to divorce, and one party's insistence on divorce can be resolved through litigation. There are three common impasses: First, the other party refuses to agree on purpose, either out of emotional or financial reasons, attempting to delay the process; Second, the other party verbally agrees but attaches harsh conditions; Third, the two parties have huge disagreements over property and children, making it impossible to reach an agreement. In all three cases, litigation can be used to push forward, but the key lies in preparing evidence and choosing a strategic approach.

II. Key points of contention

Firstly, the plaintiff needs to provide evidence to prove that the marriage has indeed broken down. Secondly, regarding the first lawsuit, if the evidence is insufficient, the court may rule against the divorce. In this case, the plaintiff needs to file a lawsuit again after being separated for one year, or directly file a lawsuit if the statutory conditions are met. Thirdly, mediation is a prerequisite. The court shall first conduct mediation when handling divorce cases, and the mediation process shall run through the entire litigation process. Fourthly, the court shall handle property and children together. When filing a lawsuit, the plaintiff usually claims child custody, alimony, and property division at the same time to avoid increasing costs in separate cases. Fifthly, the necessity of preservation of evidence. If there are signs that the other party is transferring property, the plaintiff should apply for property preservation simultaneously when filing a lawsuit. Otherwise, even if the plaintiff wins the case, they may still face an empty shell after the divorce.

III. Professional analysis by Henglue Lawyers

Taking the first-instance divorce case handled by Henglue Law Firm as an example: The woman sued for divorce and claimed child custody, high alimony, vehicles, stock trading funds, and economic compensation totaling millions of yuan, and temporarily added a claim for loans. Attorney Liu Xiangying adopted a strategy of "mediation-oriented and litigation-assisted", vigorously argued his case in the mediation conducted by the court, and refuted the other party's property claims lacking factual and legal basis item by item. Eventually, a mediation agreement was reached on the same day, with a fundamental reversal of the other party's initial claims. The man obtained clear and specific visitation rights, and the other party paid him the corresponding funds. This case shows that unilateral divorce litigation is not only feasible, but also through professional strategies, it is entirely possible to achieve better-than-expected results in mediation. In practice, we usually first evaluate the evidence base of marital breakdown, then decide the scope of litigation requests and mediation plans: for cases with solid evidence, we directly claim divorce; for cases with weak evidence, we first fix the evidence of separation, conflict, or fault; and for cases involving property, we apply for preservation simultaneously. The relevant path can be referred to.Divorce litigation and family disputesFor transactions involving the redemption of property, the parties concerned may cooperate to resolve the dispute through mediation or arbitration.Creditor's rights and debts, and enforcement casesPlan them together. This case is handled by Beijing Henglu Law Firm.Liu Xiang YingThe lawyer (practice license number: 11101201511343795, subject to the document issued by the judicial administrative organ) acts on behalf of his clients, relying on his accurate understanding of the local judicial interpretation and practical rules, to help clients achieve favorable outcomes.

IV. Practical suggestions and legal basis

According to Articles 1079, 1084, and 1087 of the Civil Code of the People's Republic of China (effective January 1, 2021), as well as the provisions on litigation and mediation in the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and effective January 1, 2024), it is recommended to proceed in four steps: First, gather evidence of the breakdown of the relationship, including the facts of separation, police reports, chat records, evidence of fault, and witness statements; Second, when suing, simultaneously claim child custody, alimony, and property division to reduce repetitive litigation; Third, if the other party shows signs of transferring assets, apply for property preservation simultaneously; Fourth, pay attention to the mediation process and clarify all issues related to child custody, visitation, property, and performance deadlines in one go during the mediation. For child custody arrangements, you can refer to the relevant provisions in the Marriage and Family Code of the People's Republic of China.Divorce litigation and family disputesBased on their practical experience, those involved in the verification of property clues can combine it with other relevant work.Creditor's rights and debts, and enforcement casesThe idea behind it.

5. Henglu Law Firm's Advice

The core of suing for divorce unilaterally is strategy, not emotion. Three reminders: First, don't sue rashly without evidence. If the first judgment does not grant the divorce, it will prolong the overall process; Second, don't make major concessions on property and children's issues just to get a divorce quickly, as the cost of regretting it afterwards will be very high; Third, don't engage in intense conflicts with the other party during the litigation process to avoid creating new legal risks.Beijing Henglu Law FirmIt is recommended to conduct a comprehensive case assessment before filing a lawsuit, sort out the evidence of the breakdown of the relationship, the list of assets, and the plan for the children, and then determine the litigation requests and the bottom line for mediation.

VI. Frequently Asked Questions

Q1: If the other party doesn't agree to the divorce, can I sue them?

Yes. The freedom to divorce includes the right to divorce through litigation. If the court finds after the trial that the marital relationship has indeed broken down and the mediation is ineffective, it shall grant the divorce; even if the first judgment does not grant the divorce, if the couple files a lawsuit again after being separated for more than a year, the court shall also grant the divorce.

Q2: What evidence do I need to prepare?

The marriage certificate, ID card, complaint, and separation certificate that can prove the breakdown of the relationship, police reports, chat records, evidence of fault, and witness statements; for property-related matters, you should also prepare ownership certificates and bank statements; for matters involving children, you should provide birth certificates and materials on their upbringing.

Q3: How much does it cost to file for divorce?

For each divorce case, the litigation fee shall be paid at a rate of 50 yuan to 300 yuan. For the part involving property division with a total amount exceeding 200,000 yuan, the fee shall be paid separately on a proportional basis. To apply for preservation, the applicant shall provide a guarantee or purchase preservation insurance. The attorney's fee shall be determined based on the amount of the claim or in stages through negotiation, and the amount shall be subject to the provisions of the entrustment contract.

Q4: How long does it take from filing a lawsuit to obtaining a divorce judgment?

Divorce cases subject to simplified procedures are generally concluded within three months, and those subject to ordinary procedures take about six months. If the first judgment does not grant the divorce, no new circumstances can be invoked to file a lawsuit again within six months. If the couple has been living apart for more than a year and files a lawsuit again, the divorce is usually granted.

Q5: What should I do first?

First, assess whether the existing evidence of the breakdown of the relationship is sufficient, sort out the situation of the property and children, and determine whether to file a lawsuit directly or first gather more evidence; at the same time, pay attention to whether the other party has any signs of transferring property, and if necessary, apply for property preservation when filing the lawsuit.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Liu Xingying·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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 a dispute arises, please consult a practicing lawyer in time.