A Shenzhen couple has been separated for 2 years, but the other party stubbornly refuses to divorce? How long does a litigation divorce take, and how should property and child custody be fought for?

When Ms. Zhou came to Guangdong Zhiming Law Firm last week, she was holding a separation agreement in her hand. She and her husband live in Longhua District, Shenzhen. They have been married for seven years, own a school-district apartment in Futian District, and have a five-year-old child. The breakdown of the marriage was already a fact, but her husband's attitude was clear: stall. He refused a negotiated divorce, refused to move out, refused to communicate, and even blocked her on WeChat. The first question Ms. Zhou asked was: "If he doesn't agree, does that mean I can't get a divorce?"

Of course not. In Shenzhen, about 50,000 couples register for divorce each year, but a considerable number of people, like Ms. Zhou, take the path of litigation divorce. According to data published by Shenzhen courts, more than 70% of divorce lawsuits involve property division, with the average disputed amount ranging from 3 million to 8 million yuan—directly linked to Shenzhen's housing prices. In other words, litigation divorce is not a question of "whether you can get divorced," but rather "how long it will take and how to divide the assets."

If one party does not agree to the divorce, how does the law ultimately rule?

Article 1079 of the Civil Code is clear: if affection has genuinely broken down and mediation has failed, divorce shall be granted. What counts as "broken affection"? The provision lists five circumstances—bigamy or cohabitation with another person, domestic violence or abandonment, gambling or drug addiction that remains uncorrected after repeated admonishment, separation for a full two years due to discord in affection, and other circumstances leading to the breakdown of affection. Ms. Zhou's situation falls under "other circumstances," but the judge will not grant a divorce merely on the basis of the four words "discord in affection." For a first divorce petition, if the other party strongly objects and no statutory grounds for compulsory divorce exist, the court will in all likelihood dismiss the claim, granting both parties a "cooling-off period."

This means the timeline for divorce litigation typically spans two phases: from the first filing to the judgment, a basic-level court in Shenzhen generally takes 3 to 6 months. If the divorce is not granted, you must wait 6 months before filing again. On the second filing, the court's likelihood of determining that the marital relationship has broken down increases significantly, with the probability of a divorce judgment exceeding 80%. Therefore, from the initial filing to actually receiving the divorce judgment, the fastest it takes is 9 months to a year.

Can't afford to drag out divorce litigation? The key lies in the two words "mediation."

Ms. Zhou's biggest concern is the time cost, but she overlooked a key step—mediation. Article 1079 of the Civil Code also stipulates that divorce cases must undergo mediation first. The mediation rate in Shenzhen courts has consistently been not low, especially in cases involving property and children, where judges tend to favor helping both parties reach an agreement, because a judgment is likely to intensify the conflict, whereas mediation can truly achieve case closure and dispute resolution.

Zhining Law Firm's family and marriage team handled a case: the client lived in Nanshan, and her husband worked at a financial institution in Futian. The couple had grown emotionally distant due to prolonged separation, but the husband flatly refused to divorce, citing his unwillingness to divide a property valued at 6 million RMB. After taking the case, we did not rush to file a lawsuit. Instead, we first conducted a property review and discovered that the property was purchased after marriage, making it joint marital property, to which the wife was legally entitled to half. Meanwhile, we prepared a complete chain of evidence, including the rental contract during the separation period, bank statements, and child custody records. We then proactively contacted the court to apply for pre-litigation mediation, laying the legal provisions and evidence on the table. After a month and a half of negotiations, the husband ultimately agreed to divorce through mediation. The wife received 3.2 million RMB as the property division payment and custody of the child. The entire process took 3 months, at least six months faster than a court judgment.

How do Shenzhen courts actually divide real estate and child custody?

Property division is the absolute focal point of divorce litigation in Shenzhen. With housing prices in Shenzhen being so high, a single property may represent half a lifetime of savings for an ordinary family. The core principle the court applies in dividing property is: marital community property is split equally between the two parties, but comprehensive consideration is given to factors such as contribution ratios, mortgage repayment circumstances, and child-rearing needs. If the property is registered in the name of one spouse but the mortgage was jointly repaid after marriage, the other spouse is entitled to compensation for the portion of the repayments as well as the corresponding appreciation in value. For example, for a 10-million-yuan property in Futian, if the 3-million-yuan down payment was made by the husband before marriage and 2 million yuan of the mortgage was jointly repaid after marriage, the wife's claim for compensation is not limited to the principal of the mortgage repayments, but also includes the appreciation in property value corresponding to that 2 million yuan — the specific amount must be calculated with the cooperation of lawyers and appraisal institutions.

Custody is another hard-fought battle. The reasoning of Shenzhen courts is very clear: under 2 years old, the principle is that the child stays with the mother; over 8 years old, the child's wishes are respected; between 2 and 8 years old, the determining factor is which party provides a more stable upbringing environment. Stability is not just talk—the court will examine the actual time spent caring for the child, living conditions, education plans, and even both parties' income structures. If one party works long hours and travels frequently, while the other has support from grandparents and a stable school district placement, the latter's chances of obtaining custody are notably higher.

Q: If the other party is delaying the divorce, can I file a lawsuit directly? What do I need to prepare?

Answer: Yes, you can. Filing a lawsuit does not require the other party's consent, but you need to prepare three types of materials: the marriage certificate, copies of ID cards, and evidence proving the breakdown of the relationship (separation agreement, chat records, police report receipts, etc.). The more complete the evidence regarding property and child custody, the better, including property ownership certificates, bank statements, and records of the child's daily life. With all materials in order, filing the case itself only takes 1 to 2 days; what actually takes time is the subsequent trial period.

Q: During divorce litigation, what should be done if the other party transfers property?

Answer: This is one of the most common issues in practice. If you discover that the other party transferred deposits or sold property before filing the lawsuit or during the litigation, you can rely on Article 1092 of the Civil Code to claim that they should receive a reduced share or no share of the property. However, the prerequisite is that you have evidence—such as bank statements, records of real estate registration changes, and equity transfer information. Therefore, it is recommended that once you decide to divorce, you immediately retain a lawyer to apply for property preservation to freeze the other party's accounts and prevent asset loss. Preservation measures can typically take effect within 48 hours.

Divorce is not a math problem, but every step requires careful calculation.

A marriage where the emotional bond has broken down will only hurt both parties and the children if the couple keeps dragging it out. The time cost of contested divorce, the complexity of property division, and the battle over child custody—each of these requires professional judgment and timely action. Zhiming Law Firm has been rooted in Shenzhen for 26 years and has handled over 10,000 matrimonial and family cases in total. The team led by Chief Attorney Shen Jinlong is familiar with the adjudication standards of courts across all districts in Shenzhen, and knows when to file a lawsuit, when to mediate, and when to apply for property preservation.

If you are facing a similar dilemma, don't delay. Start with a legal evaluation to understand where your initiative lies. Guangdong Zhiming Law Firm is located at Room 1802, Block A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. Telephone: 0755-25986969. You are welcome to bring your materials for a discussion—we will break down your issues and calculate them clearly.