Four Divorce Petitions Dismissed, 17-Year-Old Eldest Son Threatens Suicide to Dissuade: Three Legal Reasons the Court Did Not Grant the Divorce

Lead: Four divorce suits dismissed, a letter reveals the harsh reality of matrimonial litigation.

Recently, a news story that "a woman sued for divorce four times and was rejected, and her 17-year-old eldest son wrote to the judge threatening to die to persuade her" attracted widespread attention. According to reports, because of marital discord, the woman filed divorce lawsuits with the court four times, but each time was ruled not to be granted a divorce. After learning that his mother had sued again, her 17-year-old eldest son wrote to the presiding judge, saying that if his parents divorced he would "threaten to die to persuade her." This case reflects an extremely common but often misunderstood legal issue in litigation divorce—why, after suing multiple times, does the court still not grant a divorce?

As lawyers who have long handled marital and family disputes, we are fully aware of the legal logic and emotional entanglements behind such cases. Starting from the relevant provisions of the Civil Code and in light of judicial practice, this article will analyze the core criteria for a court to grant a divorce, the legal reasons why repeated divorce actions are dismissed, and the evidentiary strategies and practical points that parties should master in divorce litigation.

I. The sole statutory standard for a court to grant a divorce: whether the spouses' affection for each other has truly broken down.

According to Article 1079, Paragraph 2 of the Civil Code of the People's Republic of China: "When a people's court hears a divorce case, it shall conduct mediation; if affection has truly broken down and mediation is ineffective, divorce shall be granted." This provision establishes the core adjudication standard for litigation divorce—**whether the affection between husband and wife has truly broken down**.

Many litigants hold a misconception: they believe that as long as they file suit enough times, the court will definitely grant a divorce. In fact, the number of filings itself is not a statutory basis for adjudication. When hearing divorce cases, the court will comprehensively examine the following factors:

1. **Basis of marriage**: the emotional state of both parties at the time of marriage, how they met, and the length of their courtship;

2. **Affection after marriage**: changes in affection and causes of conflicts during the period of living together;

3. **Reason for divorce**: specific circumstances that led to the breakdown of the marital relationship;

4. **Possibility of Reconciliation**: Whether there is room for mediation and reconciliation;

5. **Child Support and Elderly Care**: The impact of divorce on minor children and elderly family members.

In this case, although the 17-year-old eldest child's act of pleading with the threat of death was an expression of emotion, it may objectively be taken into account by the court as a factor in determining that "the family relationship has not completely broken down" or that "divorce would have a significant impact on the child." Especially at the sensitive stage when the child is about to reach adulthood, courts tend to be more cautious.

II. Three Major Legal Reasons Why Four Prosecutions Were Dismissed

**Reason One: Failure to Provide Sufficient Evidence to Prove the Breakdown of the Marital Relationship**

Paragraph 3 of Article 1079 of the Civil Code lists the statutory circumstances under which divorce shall be granted, including: bigamy or cohabitation with another person; committing domestic violence or maltreating or abandoning family members; having bad habits such as gambling or drug use and refusing to reform despite repeated admonitions; living apart for two years or more due to emotional incompatibility; and other circumstances that cause the breakdown of the marital relationship.

In practice, many plaintiffs file for divorce merely on the grounds of "incompatible personalities" or "frequent quarrels," but are unable to provide valid evidence such as police reports, injury assessments, separation certificates, or chat records. Where the defendant firmly refuses to divorce, the court will usually give the parties an opportunity to reconcile and rule that the divorce is not granted.

Reason Two: The defendant firmly opposes the divorce, and the court tends to uphold family stability.

In judicial practice, in a first divorce action, if the defendant does not agree to divorce and there are no statutory circumstances under which divorce should be granted, the court is relatively likely to rule against divorce. This is based on the judicial philosophy of safeguarding family stability and preventing rash divorce. Even if the action is brought multiple times, if the defendant consistently refuses and the plaintiff's evidence is insufficient, the court may continue to dismiss it.

**Reason Three: Consideration of Children’s Interests and Family Ethics**

In this case, the intense reaction of the 17-year-old eldest son may lead the court to find that divorce would have a serious impact on the children's mental health. Under Article 1084 of the Civil Code, child custody after divorce should be based on the principle of the best interests of the minor children. Although the eldest son is nearing adulthood, his extreme emotional expression may be regarded by the court as indicating that the family conflict has not yet reached an irreconcilable extent.

III. Practical Strategies for Litigation Divorce: How to Increase the Probability of a Divorce Judgment

**Strategy One: Improve the Evidence Chain to Prove That the Affection Has Indeed Broken Down**

The parties shall focus on collecting the following evidence:

- Proof of separation: lease contracts, neighborhood committee certificates, witness testimony;

- Evidence of domestic violence: police receipts, medical examination reports, admonition notices;

- Evidence of extramarital affairs: chat records, photos, videos, hotel check-in records;

- Evidence of bad habits: administrative penalty records for gambling or drug use;

- Mediation records: mediation documents from village committees, neighborhood committees, and women's federations.

**Strategy Two: Grasping the Time Interval for Filing a Lawsuit Again**

According to relevant provisions of the Civil Procedure Law, in divorce cases in which a judgment has been rendered not granting divorce or in which the parties have reconciled through mediation, if the plaintiff files suit again within six months without new circumstances or new grounds, the case shall not be accepted. Therefore, after the first judgment not granting divorce, absent new circumstances, the plaintiff must wait six months before filing suit again. If suit is filed again after six months, the likelihood that the court will grant a divorce will increase significantly.

**Strategy 3: Apply for Court Mediation and Psychological Intervention**

In divorce cases involving minor children, courts usually arrange mediation. Lawyers may advise clients to proactively apply for a psychological evaluation or family relationship counseling to prove that the parties no longer have any possibility of reconciliation, while properly arranging a child custody and support plan to reduce the court’s concerns about the children’s interests.

**Strategy Four: Consider the Possibility of Divorce by Agreement**

If the conflict between the parties is not irreconcilable, reaching a divorce agreement through lawyer-assisted negotiation can avoid a lengthy litigation process. Under Article 1076 of the Civil Code, divorce by agreement requires a 30-day cooling-off period. A lawyer can assist in drafting the divorce agreement, specifying provisions such as property division, debt assumption, and child custody, to ensure that the agreement is lawful and valid.

IV. Legal Insights for Ordinary People and Lawyers' Suggestions

The lesson from this case is that in litigation divorce, it is not "the more times you sue, the better"; rather, what is needed is a precise legal strategy and adequate evidentiary preparation. The core basis for a court to grant a divorce is that "affection has truly broken down," not the number of times a divorce petition has been filed.

For parties currently experiencing marital difficulties, it is recommended:

1. **Consult a professional family law attorney as early as possible** to assess the likelihood of success in the case and formulate a litigation strategy;

2. **Focus on evidence collection**, especially key evidence such as separation, domestic violence, extramarital affairs, etc.;

3. **Properly handle child custody and support issues** to reduce the harm of divorce to minor children;

4. **Take a rational approach to mediation** and, with the assistance of a lawyer, strive for the optimal solution.

Guangdong Zhiming Law Firm’s Marriage and Family Team has long handled various complex divorce disputes, including difficult cases such as divorce actions filed multiple times but denied, custody battles involving minor children, foreign-related divorces, and concealment or transfer of assets. We advise parties to consult a professional lawyer before filing a lawsuit to avoid repeated litigation and wasted time and energy due to insufficient evidence or inappropriate strategy.

Marriage is a major life event, and divorce is also a significant legal act. Whether through divorce by agreement or divorce through litigation, the involvement of a professional lawyer can help the parties protect their rights and interests to the greatest extent possible within the legal framework, while reducing harm to the family and children.