Shenzhen Divorce Lawyers: Can a Divorce Be Granted on the First Filing? What to Do If the Divorce Is Not Granted?

Author: Dao Hua Marriage and Family Law FirmDate: 2022-11-24Reads:times

As marriage lawyers, many of our clients' first request is for a "divorce," and they are even willing to make concessions in property division and other aspects to escape an unhappy marriage. Can one definitely get a divorce if they want to? Marriage is free, and so should divorce be. There is no marriage in this world that cannot be dissolved. However, in practice, the vast majority of parties are sentenced to not grant a divorce in their first lawsuit.

If the first lawsuit for divorce is not successful, what should one do? The Daohua Family Law Firm explains in detail.

The People's Courts can grant a divorce in the first lawsuit only if there are statutory divorce circumstances as stipulated by the Civil Code. In practice, eighty percent of divorce disputes do not have statutory divorce circumstances. Therefore, to divorce quickly, it is best to strive for a mediation agreement to dissolve the divorce dispute before the lawsuit.

So, what are the statutory divorce circumstances?

Article 1079 of the Civil Code of the People's Republic of China: If one party of the couple requests a divorce, mediation can be conducted by relevant organizations, or the divorce lawsuit can be directly filed with the People's Court.

The People's Courts shall mediate in divorce cases; if the emotional breakdown is confirmed and the mediation is ineffective, the divorce should be granted.

If any of the following circumstances exist, and mediation is ineffective, the divorce should be granted:

（一）Adultery or cohabitation with another person;

（二）Domestic violence or abuse, desertion of family members;

（三）Persistent bad habits such as gambling or drug abuse despite repeated correction;

（四）Separation due to incompatibility for two years;

（五）Other circumstances that lead to the breakdown of the couple's relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce should be granted.

After the People's Court has ruled that the divorce should not be granted, if the parties separate for another year and one party files a divorce lawsuit again, the divorce should be granted.

It is worth mentioning that domestic violence requires a police report from the public security authorities, and it must not be just once. The requirement for separation for two years due to incompatibility does not stand, whether due to work reasons or other reasons, and there should be no economic exchanges or emotional communication during the separation period.

What should one do next if the court rules against granting a divorce in the first lawsuit for divorce?

1. Continue to separate. According to relevant legal provisions, one can file a lawsuit again after six months from the first judgment not to grant a divorce. At this time, submit the judgment of the first lawsuit for divorce as evidence, along with evidence of continued separation during this period to prove that reconciliation has not occurred and the emotional breakdown is confirmed, which will greatly increase the probability of a successful second divorce.

2. Break off contact. During this period, try to minimize contact with the other party, and avoid contacting them unless it is unavoidable.

3. Avoid starting new relationships. Many parties may think that since the emotional breakdown has occurred and a lawsuit for divorce has been filed, they can start new relationships. Absolutely not. At this time, although the couple's emotional relationship has broken down, legally they are still a legitimate married couple. If new relationships are started at this time, it may be identified as infidelity or bigamy, which is very disadvantageous in property division.

If you still want to fight for custody of the child, during the period of divorce dispute or separation, make sure to keep the child with you and deepen the emotional bond with the child. When the court decides on custody, it will comprehensively consider factors such as the child's age and growth environment to choose the plan most beneficial for the child's growth.

Divorce is both physically and emotionally exhausting. If the court does not grant a divorce in the first lawsuit for divorce, it is necessary to make adequate preparations before the second lawsuit. Leave the professional matters to professionals, and seek legal assistance if necessary.

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Shenzhen Divorce Lawyers: Can a Divorce Be Granted on the First Filing? What to Do If the Divorce Is Not Granted?