In a first divorce lawsuit, courts comprehensively consider the couple's emotional foundation and the severity of their conflicts. If they determine that the marital relationship has not yet broken down, they typically rule against granting the divorce. Many parties mistakenly believe they can file a new lawsuit immediately after the judgment takes effect, only to have their case dismissed by the court. Judicial standards are clear: after a judgment denying divorce, no new lawsuit may be filed within six months unless there are new circumstances or grounds. After six months, a new lawsuit may be filed; furthermore, if the parties have lived apart for one full year before filing again, the court shall grant the divorce.

  Pursuant to relevant provisions of the Civil Procedure Law, if a court renders a judgment denying divorce or mediates a reconciliation in a divorce case, or if a judgment or mediation maintains an adoption relationship, and no new circumstances or grounds arise, the plaintiff shall not be permitted to file a new lawsuit within six months. The purpose of imposing this six-month restriction on filing a lawsuit is to provide both parties with a cooling-off period to repair their marital relationship and to prevent pressuring the other party through consecutive lawsuits. The six-month period commences from the date the judgment takes effect; this rule also applies to cases where the plaintiff withdraws the lawsuit or where the lawsuit is treated as withdrawn.

  Six months after the initial lawsuit, the legal consequences undergo a substantive shift. Article 1079, Paragraph 5 of the Civil Code stipulates that if, following a court judgment denying divorce, the parties have lived apart for a full year and one party files a second divorce lawsuit, the court shall grant the divorce. In other words, when the parties have continuously lived apart for a full year after the first judgment denying divorce, the court must grant the divorce upon the second filing, leaving no room for discretionary judgment. This provision represents the law's clear response to the factual circumstance of prolonged separation and is commonly referred to in practice as the "second-filing rule for granting divorce."

  The term "new circumstances" or "new grounds" refers to significant facts that demonstrate the marital relationship has indeed broken down or that personal safety is at risk, such as the other party committing domestic violence, cohabiting with another person, or abusing or abandoning family members after the judgment. In such cases, the six-month restriction does not apply, and a new lawsuit may be filed immediately, with a concurrent claim for damages.

  The parties should retain the first judgment, proof of its effectiveness, and evidence of the start date of separation—such as a rental agreement, residence certificate, or certification from the village or neighborhood committee—and submit these together when filing a second lawsuit to meet the requirement of proving separation for at least one year, thereby increasing the likelihood of obtaining a divorce judgment in a single proceeding.

  The timing of filing lawsuits directly affects the progress of divorce proceedings. After the first judgment denies the divorce, the parties should immediately begin to secure evidence of separation by renting a separate residence and retaining the lease agreement, rent payment records, and utility bills. Failing to do so may lead to the determination that no actual separation has occurred, even if the parties live under the same roof but in separate rooms. A second lawsuit can be filed once six months have elapsed; when combined with evidence demonstrating continuous separation for over one year, the likelihood of the court granting the divorce increases significantly. In practice, if the parties continue to cohabit after the first judgment and evidence of irretrievable breakdown of the marriage remains insufficient, the second lawsuit may still result in a denial of divorce. The independence and continuity of the separation fact serve as the critical dividing line between success and failure in the second litigation.

  In summary, if a divorce is denied, no new lawsuit may be filed within six months unless there are new circumstances or grounds; after six months, a new lawsuit may be filed. If the parties have lived apart for one full year at the time of filing, the court shall grant the divorce. Securing evidence of separation and timing the filing appropriately are key to increasing the success rate of a second divorce lawsuit.