Court Grants Divorce After Three Years of Separation Between Remarried Couple

A court in Hebei Province has granted a divorce to a woman who had been separated from her husband for over three years, in a case that illustrates how Chinese courts evaluate marriage breakdown.

Case Background

The plaintiff, Ms. Liu, and the defendant, Mr. Ji, were both previously divorced before marrying each other. They registered their marriage after being introduced by mutual acquaintances.

According to Ms. Liu’s court filings, the couple had little understanding of each other before marriage and had no emotional foundation for their relationship. Both worked in jobs that required frequent relocation, leading to long periods of separation after the wedding.

History of Marital Difficulties

The couple began living separately in February 2008. Ms. Liu stated that they had no children together and had failed to develop a meaningful marital relationship despite the marriage.

In February 2011, Ms. Liu filed her first divorce petition. However, she withdrew the petition in March 2011, possibly hoping for reconciliation or following court mediation advice.

After more than six months had passed since withdrawing the first petition, Ms. Liu filed for divorce again in 2012, citing the continued separation and lack of marital relationship.

Legal Standards for Divorce

Under Chinese marriage law, courts may grant a divorce when there is evidence that the marital relationship has broken down. Factors courts consider include:

• Separation for more than two years due to emotional incompatibility
• Previous divorce petition history
• Lack of children or shared property interests
• Whether reconciliation is possible

Court’s Decision

On March 9, 2012, the Handan Fuxing District People’s Court granted the divorce. The court found that:

• The couple had been separated for approximately three years
• A previous divorce petition had been filed and withdrawn
• No children were born during the marriage
• There was no reasonable prospect of reconciliation

Mr. Ji did not appear at the court hearing despite being properly summoned, and the court proceeded with the case in his absence.

Legal Analysis

This case demonstrates several important principles in Chinese divorce law:

Separation as evidence: Extended separation, particularly when due to emotional incompatibility rather than work requirements alone, can serve as evidence of marriage breakdown.

Second petition success: When a first divorce petition is withdrawn, courts often take the second petition more seriously, especially if significant time has passed without reconciliation.

Remarriage considerations: Courts recognize that remarried couples may face unique challenges, particularly when there was insufficient pre-marital understanding.

Practical Lessons

For those considering divorce: Document periods of separation and attempts at reconciliation. If you withdraw a first petition and no reconciliation occurs, a second petition after six months has a higher success rate.

For respondents: Failing to appear in court does not prevent the divorce from being granted. Participating in proceedings allows you to present your position on property division and other matters.

Case citation: (2011) Fu Min Chu Zi No. 3677, Fuxing District People’s Court, Handan, Hebei Province.