[Direct answer]In the Beijing area, if the divorce conditions cannot be agreed upon and there's no need for repeated internal struggles, the process can be divided into three steps: First, ask a lawyer to assess whether the disputes (whether to divorce, property, custody rights, and alimony) can be reconciled within the legal framework; if no agreement can be reached, you can apply for people's mediation or mediation under the court's supervision; if the mediation fails, you can file a divorce lawsuit in accordance with Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021). If there are circumstances such as bigamy, cohabitation with others, domestic violence, or separation for more than two years due to marital disharmony, and the mediation fails, the divorce shall be granted. Unilateral delay cannot prevent the dissolution of the marriage. The key is to fix the evidence and choose the right procedure. For reference, please refer to the following content:Divorce litigation and legal services for family disputes.

I. Problem Background and Typical Scenarios

The situations where the parties cannot reach an agreement vary: one party insists on divorce while the other insists on not divorcing; both parties agree to divorce, but there is a huge gap in the division of real estate and deposits; they cannot reach an agreement on child custody and the amount of alimony; or one party demands excessive property as a condition of agreeing to divorce. A typical example is that one party verbally agrees to divorce, but attaches conditions such as custody rights going to themselves and getting a larger share of property, leading to repeated stalemates in negotiations. It should be noted that divorce is a statutory right, and neither party can delay or threaten to prevent it; but an agreement-based divorce must be voluntary on both sides. If no agreement can be reached, the case must be transferred to litigation procedures for resolution. For related disputes, please refer to the following reference materials:Divorce litigation and legal services for family disputes.

II. Key points of dispute

The core disputes in litigation divorce lie in whether the "marital relationship has truly broken down" and the fairness of property and custody arrangements. According to Article 1079 of the Civil Code, the statutory circumstances under which a divorce shall be granted if mediation fails include: bigamy or cohabitation with others; domestic violence or abuse and abandonment of family members; persistent gambling or drug addiction despite repeated warnings; separation for more than two years due to marital discord; and other circumstances leading to the breakdown of the marital relationship. In practice, many litigants give up after their first lawsuit is rejected. However, if the parties separate for more than one year after the court rules against the divorce and one party files another lawsuit, the divorce shall be granted in accordance with paragraph 5 of the article. If the other party demands high compensation, they should also be required to provide evidence. In cases involving domestic violence, it is necessary to promptly report the matter to the police and apply for a warning letter or protection order, and necessary measures can be taken in conjunction with this.Criminal defense and criminal case filing servicesEvaluation.

III. Professional analysis by Henglue Lawyers

In a divorce dispute handled by Henglue Law Firm, Wang *sheng and Zhang *hua got married in 2006 and had a son. In April 2025, Zhang *hua filed for divorce, but Wang *sheng tried to save the marriage. In August, the court ruled against the divorce. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair during the marriage and hired a lawyer to sue again, demanding the dissolution of the marriage, custody of the child and the division of joint property. Zhang *hua verbally agreed to the divorce, but attached conditions such as retaining custody of the child and receiving 70% of the property. The two sides could not reach an agreement on the conditions. The attorney collected evidence of the first court's decision against the divorce and the affair to prove that there was no possibility of reconciliation, and insisted on a division of property in favor of the innocent party according to the principle of fault. The court determined that Zhang *hua had been having an affair during the marriage after the first lawsuit was rejected, and the marriage had indeed broken down. The court granted the divorce, awarded custody of the child to Wang *sheng, and ordered Zhang *hua to pay 550 yuan per month in child support. Wang *sheng was awarded 70% of the joint property. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as an agent. Conversely, if the parties have reached an agreement on the property and are only limited by the procedure, they can also fix the effect of the agreement through court mediation in one go: In another foreign-related divorce case, the parties reached a mediation under the court's supervision, dissolved the marriage relationship, and each party's property was owned by themselves. The mediation agreement took effect immediately after being signed.

IV. Practical suggestions and legal basis

The legal basis is Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021) (on litigation divorce and statutory divorce situations), Article 1087 (on the principle of property division), Article 1084 (on custody rights), and Article 1091 (on divorce damages compensation). Practical suggestions: First, sort out the list of "agreeing to divorce but having disagreements", and distinguish procedural disagreements from interests disagreements; Second, if the other party claims high compensation, require them to provide evidence. If there is no evidence to support the claim, you can refute it in the litigation; Third, if the first judgment does not grant a divorce, pay attention to continuously preserving evidence of separation to prepare for another lawsuit; Fourth, if it involves the disposition of joint property and the division of real estate, you can combine it withReal estate sales and construction project services评估方案；五、对方有转移财产迹象的，及时申请财产保全，必要时通过Creditor-debtor relations and enforcement case servicesTracing back the source of a problem or identifying the root cause of a situation.

5. Henglue Law Firm's Reminder

Not reaching an agreement doesn't mean that one can afford to drag it out and win in the end. Delaying the process won't bring any practical benefits to the party who insists on not divorcing. In divorce litigation, the first-instance simple procedure is concluded within three months and the ordinary procedure within six months. If the other party delays appearing in court, the case can still be heard in their absence. When handling divorce cases in Beijing, emotional confrontation will only increase the cost for both parties. It is recommended to focus on evidence and solutions: what can be compromised and what are the bottom lines. Let a lawyer help you quantify these before negotiating or suing. You can do this through the following steps:Beijing Henglu Law FirmMake an appointment for an assessment to break down the general "disagreement" into specific terms that can be negotiated and adjudicated.

VI. Frequently Asked Questions

Q1: The other party absolutely refuses to agree to a divorce. Can the divorce be granted, and do I stand a chance of winning the case?

Yes. Divorce is a statutory right, and the other party's disagreement cannot prevent the dissolution of the marriage. According to Article 1079 of the Civil Code, if there are circumstances such as bigamy, cohabitation with others, domestic violence, abandonment, gambling or drug addiction, and repeated refusal to reform after repeated warnings; or if the couple has been separated for more than two years due to marital disharmony and the mediation is ineffective, the divorce shall be granted; even if the first judgment does not grant the divorce, if the couple has been separated for more than one year after the first divorce and one party sues again, the divorce shall be granted. Of course, if there are no statutory circumstances and insufficient evidence of a breakdown in the relationship, the first lawsuit may be rejected. It is necessary to prepare for the second lawsuit or strive for a divorce through mediation in a strategic manner.

Q2: What evidence do I need to prepare to prove the breakdown of the marriage when filing for divorce?

Prepare evidence along two main lines: emotional breakdown and property custody. For emotional aspects, this includes separation certificates (rental contracts, residence certificates), police reports and warning letters, chat records of extramarital affairs, affidavits, and witness statements from relatives and friends. For property aspects, this includes real estate registration, bank transaction records, vehicle information, and company equity materials. For custody aspects, this includes records of the children living with the parent and proof of custody conditions. The first judgment ruling against divorce is also important evidence, proving that the conflicts between the parties have been legally confirmed. The evidence should indicate its source and time, forming a timeline to avoid submitting it in a disorganized manner.

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

The acceptance fee for divorce cases ranges from 50 yuan to 300 yuan per case; where property division is involved, if the total value of the property does not exceed 200,000 yuan, no additional fees are charged. For the portion exceeding this amount, a fee of 0.5% shall be paid (Article 13, "Measures for the Payment of Litigation Costs", implemented on April 1, 2007). For claims for damages and efforts to secure a larger share of the property, the fees will increase in proportion to the value of the subject matter, but the successful party will bear the costs or share them proportionally. Lawyer's fees are related to the complexity of the case and the scale of the property. It is recommended to clarify the charging method and the stages of representation before entrusting a lawyer. First, clarify the clues and evidence of the property to avoid paying excessive fees for overblown disputes.

Q4: If the first divorce judgment is not granted, how long can I wait before filing a lawsuit again?

After the judgment denying the divorce or the reconciliation mediation, if there are no new circumstances or reasons and the litigant sues again within six months, the court will not accept the case (relevant provisions of the Civil Procedure Law of the People's Republic of China). However, according to Article 1079 Paragraph 5 of the Civil Code, if the parties have been living apart for more than one year after the judgment denying the divorce, and one party files for divorce again, the divorce shall be granted. In practice, when suing for the second time, it is important to provide evidence of continuous separation and unresolved conflicts, which significantly increases the probability of obtaining a divorce judgment. During this period, it is necessary to avoid creating records that give the impression of "reconciliation", so as not to affect the determination of the breakdown of the marriage relationship.

Q5: If we can't reach an agreement on the terms, how should we proceed with the first step specifically?

The first step is to secure evidence of the current situation: the duration of the separation, the status of the property, the living arrangements of the children, and materials proving the other party's fault, to avoid tipping off the other party and causing the transfer of assets. The second step is to list the family's assets and financial limits, and ask a lawyer to assess whether to continue negotiations or file a lawsuit directly. The third step is to choose the legal process - if negotiation is possible, strive to resolve all issues through pre-litigation mediation; if negotiation fails, file a lawsuit promptly and attempt mediation again during the litigation process. The fourth step is to retain evidence of the separation if the first divorce judgment is not granted, in order to prepare for a second lawsuit. Throughout the process, pay attention to bank transactions and real estate changes, and apply for property preservation if necessary.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute formal legal advice for specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.