If the first trial does not grant a divorce, when is the right time to file again?
On April 1, 2009, Xiaoxian (a pseudonym) and Xiaosheng (a pseudonym) met, and before long, Xiaoxian was coaxed by Xiaosheng into cohabiting. On April 1, 2013, Xiaoxian and Xiaosheng completed their marriage registration at the civil affairs bureau in Xiaoxian’s place of household registration.
In 2010, Xiaosheng began using drugs. In February 2014, Xiaosheng voluntarily separated from Xiaoxian and rented a place in Lezhu Jiao, where he began subjecting Xiaoxian to emotional abuse. Xiaoxian endured this in silence for many years. By 2016, Xiaosheng frequently escalated to beating and kicking Xiaoxian, committing domestic violence. In July 2018, Xiaoxian and Xiaosheng separated permanently. Since their marriage, Xiaosheng has completely disregarded the feelings of Xiaoxian and her daughter, maintaining improper sexual relationships with multiple women over a long period, and fathered a boy with one of them. Such conduct seriously betrays and abandons the responsibilities and obligations of a husband and father, showing disregard for legal norms and moral boundaries.
[4] Xiaoxian finally woke up and decided to escape this predicament. She came to Guangdong Zhiming Law Firm to find Lawyer Li Zuolin and Assistant Wang Shuang, hoping they could help her with their professional legal knowledge. Based on his years of experience, Lawyer Li told Xiaoxian that the court might not grant a divorce on the first attempt, but she should not lose heart. Given the current situation, if the couple remained separated for a year after the first judgment took effect, the court would likely grant the divorce.
[5] As Lawyer Li predicted, after the first judgment denying the divorce, he instructed Xiaoxian on how to preserve evidence of their separation. Following a second lawsuit, the long-awaited divorce judgment finally came through. Xiaoxian regained her freedom and obtained custody of her daughter. She returned to Guangdong Zhiming Law Firm, holding a silk banner and expressing repeated gratitude. This time, she was no longer frowning but smiling as she stepped into a new life.