If the people's court decides for the first time that divorce is not allowed, the plaintiff shall not bring a lawsuit to the people's court within six months after the judgment, if there is no new situation or new reason. But after six months, we can re sue for divorce. Generally, the court will not judge divorce for the first time. If the divorce is sued for the second time, the divorce will generally be judged, and the judgment will be made on the divorce of husband and wife, the division of husband and wife's property, and child rearing.
Legal basis
Article 1079 of the Civil Code of the People's Republic of China [Litigation Divorce] If one of the husband and wife requests divorce, relevant organizations may mediate or directly file a divorce lawsuit with the people's court.
When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.
Divorce shall be granted if mediation fails in any of the following circumstances:
（1） Bigamy or cohabitation with others;
（2） Domestic violence or maltreatment or desertion of family members;
（3） Gambling, drug abuse and other bad habits persist in teaching;
（4） Two years of separation due to emotional discord;
（5） Other situations that lead to the breakdown of the relationship between husband and wife.
Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.
Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.
