[Direct answer]In the Beijing area, according to Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021), the statutory circumstances include: bigamy or cohabitation with others; domestic violence or abuse, abandonment of family members; having gambling or drug addiction habits that cannot be corrected after repeated warnings; separation for more than two years due to marital discord; and other circumstances that lead to the breakdown of the marriage. If one party is declared missing, the divorce shall be granted; if the couple has been separated for more than one year after the court's decision not to grant the divorce and the other party files for divorce again, the divorce shall be granted. The judgment criteria are objective facts rather than subjective feelings. The party claiming the divorce must submit corresponding evidence based on the above circumstances.

I. Problem Background and Typical Scenarios

"Emotional breakdown" is the core threshold for litigation divorce, but many people misunderstand it as "I think we can't go on anymore". What the court reviews are objective circumstances that can be proven by evidence: whether there has been infidelity and cohabitation, whether there has been domestic violence, whether there has been a long-term separation, and whether there are persistent bad habits that cannot be corrected. If the evidence is well organized, the divorce may be granted on the first lawsuit; if it is poorly organized, it will often be rejected and then wait for another six months.

II. Key points of dispute

First, the difference between cohabitation and ordinary infidelity. Occasional infidelity does not equal "cohabiting with others". Second, the determination of separation requires separation due to marital disharmony for at least two consecutive years, and objective evidence is needed. Third, the standard of bad habits emphasizes repeated offenses despite repeated warnings. Fourth, the rules for filing a second lawsuit after the first judgment of non-divorce.

III. Professional analysis by Henglue Lawyers

When handling divorce litigation, Henglue Lawyers typically build a proof system of marital breakdown around four types of evidence. Firstly, evidence of separation: lease contracts, residence certificates, utility and property payment records, proof of working in different places, immigration records, and WeChat chat and call records, which are used to prove the start time, reasons, and continuity of separation. It's difficult to rely solely on one party's statement to gain credibility. Secondly, evidence of fault: cohabitation or bigamy requires more stable proof of joint life, such as living together, traveling together, witness testimonies, and video materials; domestic violence requires a police report, injury report, warning letter, protection order, medical records, and witness statements to form a chain of evidence; and bad habits require administrative penalties, drug rehabilitation records, or evidence of repeated warnings without improvement. Thirdly, evidence of time points: the interval between the first judgment of refusing divorce and the second lawsuit is an important basis for granting divorce in the second lawsuit. Fourthly, fallback scenarios: for cases of long-term cold war, lack of communication, and irreconcilable conflicts, the court may determine that other circumstances led to the breakdown of the marriage based on the current state of the relationship and communication records between the parties. Beijing courts pay great attention to the objectivity and continuity of evidence in such cases, and evidence that is isolated and easily refuted has limited value.

IV. Practical suggestions and legal basis

The first step is to determine the statutory circumstances of the claim and prepare corresponding evidence according to these circumstances. The second step is to determine the fixed starting time and continuous state of the separation to avoid the interruption caused by living together in the meantime. The third step is to report the domestic violence to the police, have the injuries examined, and apply for a personal safety protection order as soon as possible. The fourth step is to maintain the separation and record the time after the first divorce judgment is not granted, and then file a lawsuit again after one year. The main legal basis: Article 1079 of the Civil Code of the People's Republic of China (implemented on January 1, 2021), and the provisions of the Anti-Domestic Violence Law of the People's Republic of China (implemented on March 1, 2016) regarding warning letters and personal safety protection orders; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Three sentences on the breakdown of a relationship: The court looks at objective facts and evidence, and subjective feelings don't count; separation must be able to prove its beginning and continuity; domestic violence should be reported to the police for injury verification first; after the first judgment of non-divorce, if the couple has been separated for more than a year, the court shall grant the divorce according to law. For cases involving litigation divorce and evidence of the breakdown of a relationship, the parties can provide evidence through the following methods:Divorce litigation and family disputesFor a comprehensive solution to the service, you can refer to the protection of victims of domestic violence and personal safety protection ordersSpecial servicesThe column, which involves property and enforcement, can be combined togetherCreditor's rights and debts, and enforcementFor questions related to foreign marriages, please feel free to consult usFinancial capital and cross-border transactions involving foreign entitiesTeam.

VI. Frequently Asked Questions

Q1: If the relationship breaks down, can the first lawsuit lead to a divorce judgment?

Yes, but there are conditions. If there are statutory circumstances such as bigamy, cohabitation, domestic violence, persistent bad habits despite repeated warnings, or separation for more than two years, and the evidence is sufficient, the divorce can be granted upon the first lawsuit; otherwise, the lawsuit is likely to be dismissed and the plaintiff needs to file a second lawsuit.

Q2: What evidence is needed to prove that the separation has lasted for two years?

The long-distance lease contract, proof of residence, records of utility and property payments, work and social security records in both places, immigration records, and chat or written materials acknowledging the separation between the two parties must be able to prove that the separation is due to marital discord and has lasted for at least two consecutive years.

Q3: Are the costs of litigation divorce high?

For cases that do not involve large-scale property division, the first-instance acceptance fee is usually between tens of yuan and hundreds of yuan; for cases involving property, the fee is calculated based on the value of the subject matter. Those who are financially struggling may apply for deferral or exemption of the fee.

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

The simple procedure is generally concluded within three months, and the ordinary procedure within six months. If the first divorce judgment is not granted, the plaintiff can file a lawsuit again six months after the judgment takes effect. If the couple separates for more than one year after the judgment of non-divorce, the plaintiff's second lawsuit shall be granted according to law.

Q5: What should I do if there's not enough evidence?

You can first sue for a fixed separation and contradictory facts, or strengthen the evidence by means of reporting to the police, applying for a personal safety protection order, and retrieving residence and travel records, and then make a claim.

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 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 limits.Divorce litigation legal services·Beijing Henglue 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.