A Shenzhen couple's relationship has broken down, but the other side refuses to divorce and is dragging things out? If you file a lawsuit, how long until a divorce judgment can be issued, and how should you fight over the house and children?

Last week, a client from Futian came to the office to see me. As soon as she sat down, she said, "Lawyer Shen, my husband has been living apart from me for two years now. I filed for divorce, but he flat-out refuses, saying he'll drag it out until I'm worn down. I really can't take it anymore. I want to ask, how long does it actually take to get a divorce through litigation? Can I get the house and custody of the kids?" This question is incredibly typical. In Shenzhen, failing to reach an agreement on divorce is the norm, but when it truly comes to filing a lawsuit, many people feel uneasy. Today, I'll address the most common questions everyone asks, all in one go.

Q1: If the other party absolutely refuses to agree to the divorce, can the court grant a divorce if we file a lawsuit?

Yes, but only if the statutory conditions are met. Article 1079 of the Civil Code makes it clear that the breakdown of mutual affection is the sole criterion for granting a divorce by judgment. In practice, the two firmest standards are: first, bigamy or cohabitation with another person; second, separation for a full two years due to discord in affections. Note that the separation must be due to discord in affections—living apart while still occasionally having meals together or engaging in marital relations does not count.

I handled a case in Longhua. The woman moved out with her child and rented a place to live, for two years and three months total. During that time, the husband came to make trouble on several occasions, and she called the police, leaving records each time. With just that evidence, the court granted the divorce at the first filing. To put it plainly, in a fast-paced city like Shenzhen, the courts take a relatively lenient view of what constitutes a "broken relationship," but the prerequisite is that you have to produce evidence—not just talk.

Q2: How long does a litigated divorce take? Is there any way to expedite it?

This is what clients ask about the most. To be honest with you, the basic courts in Shenzhen have too many cases and too few judges. For an ordinary divorce lawsuit, going through the first-instance proceedings takes at least 3 to 6 months. If the divorce is not granted in the first attempt, you have to wait 6 months before filing again, and the second lawsuit could take another one to two years. The backlog of divorce cases in Nanshan is especially severe—waiting three months for a hearing is completely normal.

But litigation isn't the only path. Our Zhiming family & matrimonial law team handled a case earlier this year. A client in Bao'an had a breakdown in negotiations with her husband, who openly threatened, "I'd rather drag this out for years than give you a divorce." After taking the case, we didn't rush to file a lawsuit. Instead, we first identified what the husband cared about most—he wanted to protect his company's equity from being split. Seizing on that leverage, we went back and forth through four rounds of negotiation and ultimately reached an agreement at the pre-litigation mediation stage: the wife received an apartment in Futian and custody of the child, the husband kept his company, and the case closed in three months—saving more than half a year compared to going through litigation.

So don't despair just because the other party disagrees. Once a professional lawyer gets involved and finds the other party's weak spot, settling through mediation is not only faster but also avoids the burned bridges that come with facing each other in court.

Q3: In a divorce in Shenzhen, how exactly are real estate and child custody divided?

In divorce cases in Shenzhen, 70% involve property division, with the average disputed amount ranging from 3 million to 8 million RMB. When the court divides property, the core determining factor is one thing: whether it is pre-marital property or post-marital joint property. A house purchased with joint income after marriage is split 50/50, regardless of whose name it is registered under. However, if one party made the down payment before marriage and both parties jointly repaid the mortgage after marriage, the house belongs to the down-payment party, and you can only receive compensation for the post-marital mortgage repayments and the corresponding appreciation. The calculations here are very detailed — a difference of just a few months in mortgage repayments can result in a difference of over 100,000 RMB.

Custody disputes place greater weight on the actual caregiving situation. When courts decide custody, the guiding principle is "the best interests of the child"—children under 2 are essentially awarded to the mother, and children over 8 will have their wishes respected. The crux lies in the 2-to-8 age range, where courts focus on who does more of the childcare and whose financial situation is more stable. Frankly put, the longer a child has lived with one parent, the more inclined the court is to maintain the status quo. I once had a client in Futian who, to fight for custody, spent six months compiling records of school pickups/drop-offs, extracurricular classes, and medical visits into a binder. When she appeared in court, the judge saw that thick binder of evidence and asked her directly if she worked in the legal field.

Q4: What if the other party transfers property? Can it be recovered?

Yes, but you need to seize the right moment. In Shenzhen, there are many business owners, and the means of transferring assets are varied and numerous. Some transfer deposits to relatives, some sell stocks at low prices, and others secretly pay off their parents' mortgages. Under Article 1092 of the Civil Code, if one spouse conceals or transfers marital community property, that spouse may receive a smaller share or no share at all during division.

The key is evidence. After filing the case, you apply to the court to obtain the bank transaction records, and you can trace where the other party's funds went over the past two years. Once a large abnormal transfer is discovered, if the other party cannot explain the purpose, the court will directly determine it as concealment of marital property. Last year, there was a client in Nanshan Court where the husband transferred over 1.2 million to his mistress. We applied for a lawyer's investigation order to obtain the transaction records, and in the end, the court ruled that the husband would receive 15% less in the property division, and part of that money was also recovered.

So, if you notice signs that the other party is transferring property, don't tip them off—first gather evidence, and wait until the lawyer gets involved before making a move. If you go confront them yourself and they erase the traces, that's when you'll truly be consumed by regret.

In conclusion

Dragging things out is the worst strategy in a divorce. If the other party doesn't agree to divorce, it doesn't mean you can't get one—it just means you need to find the right approach and follow the proper procedure. In Shenzhen, there are about 50,000 divorce registrations every year, and the proportion of litigated divorces has been rising year by year. Courts are already very experienced in handling such cases. The key is whether you can provide effective evidence and find negotiation leverage.

If you're stuck in a divorce deadlock, don't tough it out alone. Guangdong Zhiming Law Firm is a long-established firm in Shenzhen with 26 years of history. Director Shen Jinlong has practiced law for 26 years and has handled over a thousand marriage and family cases—he's seen every kind of tough opponent. Bring your documents to Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, and let's talk. We'll see how quickly your case can move forward. Call 0755-25986969—just dial directly.

(This article is for legal reference only. Individual cases may vary; please consult a professional lawyer for specific matters. Guangdong Zhiming Law Firm, a 26-year-established law firm in Shenzhen, Tel: 0755-25986969, Address: Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen)