Shenzhen Divorce Lawyer: Can a Divorce Be Granted in the First Lawsuit? What to Do If the Divorce Is Not Granted?

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 reality, the vast majority of parties are sentenced to not be granted a divorce when they file their first lawsuit.

What should you do if the first divorce lawsuit is not successful? The Dao Hua Family Law Firm explains in detail.

The People's Court can grant a divorce in the first trial only if there are statutory divorce circumstances as stipulated in the Civil Code. In practice, 80% of divorce disputes do not involve statutory divorce circumstances. Therefore, to divorce quickly, it is best to strive for a mediation agreement to reach a divorce intention during the pre-litigation mediation procedure of the divorce dispute.

What are the legal grounds for divorce?

Article 1079 of the Civil Code of the People's Republic of China: If one party of a married couple requests a divorce, the relevant organization may mediate or the party may directly file a divorce lawsuit with the People's Court.

The People's Court shall mediate in divorce cases; if the marriage has indeed broken down and mediation is ineffective, the divorce shall be granted.

If any of the following situations occur, mediation shall be ineffective and divorce shall be granted:

(1) Bigamy or cohabitation with another person;

(2) Committing domestic violence or mistreatment, abandonment of family members;

(Three) Persistent in bad habits such as gambling and drug abuse despite repeated correction.

(4) Separated due to incompatibility in feelings for more than two years.

(Five) Other circumstances leading to the breakdown of the couple's feelings.

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

After the People's Court has ruled that the divorce is not allowed, if both parties have been separated for a full year and one party files a divorce lawsuit again, the divorce should be granted.

"Emotional breakdown" is the first standard for divorce, but it is also a very vague boundary. When filing for divorce, one should prepare sufficient evidence to specifically prove the emotional breakdown; otherwise, no matter how much evidence is presented or how tearfully and passionately one speaks, the court still cannot grant a divorce.

It is worth mentioning that domestic violence requires a police report record, and not just once. A separation of two years requires separation due to incompatibility in feelings, whether due to work reasons or other reasons, the conditions do not apply, and during the separation period, there should be no economic transactions or emotional exchanges.

What should be done next when the court rules against divorce in the first lawsuit for divorce?

1. Continue to live separately. According to relevant legal provisions, a second lawsuit for divorce can be filed six months after the first judgment of not granting a divorce. At this time, the judgment of the first lawsuit for divorce can be submitted as evidence, along with evidence of continuous separation during this period to prove that reconciliation has not occurred, and the emotional breakdown is indeed true, which will greatly increase the probability of a successful second divorce.

2. Sever all contact. During this period, contact with the other party should be as minimal as possible, and try not to contact them unless it is necessary to reply to a message.

3. Avoid starting new relationships. Many parties may think that since the relationship has broken down and they have filed for divorce, they can start new relationships. Absolutely not. At this time, although the couple's relationship has broken down, legally you are still a legally married couple. If you start new relationships at this time, it may be considered as infidelity or bigamy, which will be very disadvantageous to you in the division of property.

If you still want to fight for custody of the child, during the period of divorce dispute or separation, be sure to keep the child with you and deepen the emotional bond between you and the child. The court will comprehensively consider factors such as the child's age and growth environment when deciding custody, and choose the plan most conducive to the child's growth.

Divorce is both physically and emotionally exhausting. If the first divorce petition is not granted by the court, it is essential to be well-prepared before filing the second petition. Leave the professional matters to professionals, and seek legal assistance when necessary.