Husband and wife in Shenzhen separated for 2 years, filed for divorce, and were still rejected? The other party absolutely refuses to agree—how long does a litigated divorce actually take?
Last week, a client from Longhua came to see me. As soon as he sat down, he sighed and said, "Lawyer Shen, I've been separated from her for almost three years. Last month, I filed for divorce in court, but the judge ruled against it. Isn't it said that after two years of separation, you can get a divorce?"
I get asked this question almost every week. What she mentioned about "separation for two years" is indeed written in Article 1079 of the Civil Code, but many people don't know that the logic behind a court granting a divorce is quite different from what ordinary people understand. Today, I'll thoroughly explain the most commonly misunderstood issues in divorce litigation all at once.
Not necessarily. Among the divorce lawsuits accepted by Shenzhen courts each year, the proportion of cases granted divorce on the first filing is actually not high, around 30%. The reason is that "separation for two years" is only one of the circumstances under which the court determines that "the relationship has indeed broken down," but you need to provide evidence to prove two things: first, that you have indeed been separated; second, that the separation is due to discord in the relationship, rather than objective reasons such as work or children's schooling.
Many clients think that once "he has moved out," the matter is settled. But then the other side says in court, "I moved out to be closer to my company" or "to make it easier to take care of my parents." Once the judge hears that the reason for separation is unclear, the first divorce petition won't be granted. In the cases I've handled, the most regrettable one involved a client who had been separated long enough and had complete evidence, but because the petition stated "the defendant frequently stayed away from home," the other side seized on it, claiming the separation was due to frequent business trips. It dragged on until the second petition before the divorce was finally granted.
Let me explain this in two cases.
The first type is when the other party cooperates but is only refusing out of spite. This situation is actually the easiest to handle. Last year, our Zhiming Marriage and Family Team handled a case involving a couple from Futian. When the husband filed the lawsuit, the wife took a very tough stance and firmly refused to divorce. However, we prepared a complete list of the couple's assets and a child custody plan, and also conducted three rounds of communication through an intermediary. Finally, during the court mediation stage, the wife softened her stance. From filing the case to receiving the mediation agreement, it took three months in total, nearly half the time of going through the full litigation process. Moreover, the advantage of concluding the case through mediation is that the property division and child custody are agreed upon by both parties, so there is rarely any further dispute afterward.
Second, the other party is just stalling you—neither agreeing in court nor actively responding to the lawsuit. In this case, you need to be prepared for a prolonged battle. According to the Civil Procedure Law, the trial period for summary procedure is 3 months, and for ordinary procedure it's 6 months, but these are only "trial periods" and don't include the 6-month wait before you can file again if your first petition is rejected. In Shenzhen, the actual situation is that if the other party agrees to divorce on the first attempt, you can usually get a judgment within 4 to 6 months; if the other party deliberately delays and both the first and second instance trials are completed, it's common to take one and a half to two years.
Here's a statistic: In Shenzhen's divorce litigation, over 70% of cases involve property division, with the average disputed amount ranging from 3 million to 8 million yuan. How the house is divided depends on three key time points: whether it was purchased before or after marriage, who made the down payment, and who is paying off the mortgage.
Many clients have a misconception, thinking that "if the house is in my name, it's mine." In Shenzhen, for the portion of the mortgage repaid with marital joint property after marriage, even if the house is only in the other party's name, you still have the right to claim the appreciated value corresponding to the repaid portion. Last year, there was a case in Nanshan District where the wife was a full-time homemaker taking care of the children. The house was purchased with a down payment made by the husband before marriage, and after marriage, the mortgage was repaid for five years, during which the property value doubled. We calculated the figures for her: for the post-marital mortgage repayments and the corresponding appreciation, she received nearly 860,000 yuan, and she also obtained custody of the child.
When it comes to custody, the court cares most about "which parent provides a more stable life for the child." Stay-at-home moms don't need to panic—as long as you can prove that you've been the one raising the child all along and that you have a stable living environment, the court will most likely rule in your favor. However, there's one thing to keep in mind: if the child has been living with the other parent for more than six months after separation, it becomes much harder to fight for custody. The convention in Shenzhen courts is not to easily disrupt a child's established living situation.
In divorce cases in Shenzhen, the joint property of couples is often quite complex, involving real estate, bank deposits, stocks, funds, and many individuals holding equity in companies. Applying for a court investigation order is the most effective approach during divorce proceedings. However, obtaining such an order is not as simple as just requesting it—you must first provide leads, such as which bank the other party has an account with or the name of the securities firm. Therefore, it's important to keep records of the other party's bank card numbers and securities account information in daily life, even if it's just transfer records captured in old photos.
In one case we handled, the husband transferred 2 million yuan from his stock account to his sister in three installments one month before filing for divorce. We applied for a court investigation order during the trial, and once the bank statements were pulled, the transfer dates, amounts, and recipient were all clearly documented. In the end, the court determined that he had concealed marital joint property, and under Article 1092 of the Civil Code, ruled that he receive nearly 400,000 yuan less in the division.
The worst thing about divorce is dragging it out. Many clients in Shenzhen think, "If he won't agree, there's nothing I can do," but that's not true. The law provides a clear path: if the first lawsuit doesn't result in a divorce, wait six months and file again, and the chances of a divorce being granted the second time increase significantly. However, taking this route comes with high costs in terms of time and emotional toll.
If you are currently at the stage of "wanting to divorce but the other party disagrees," it is advisable to first clarify one question: do you care more about getting divorced as soon as possible, or securing the property and custody rights? These two goals require completely different strategies. The former calls for negotiation and mediation, while the latter demands solid evidence preparation and litigation strategy.
Our law firm has been handling marriage and family cases in Shenzhen for 26 years, led by Director Lawyer Shen Jinlong, with over a thousand divorce cases under our belt. If you're stuck at this crossroads and unsure of your next move, feel free to drop by Room 1802, Block A, Xintian Century Business Center, Shixia North Second Street, Futian District, or give us a call at 0755-25986969 for a chat. You don't have to retain us, but at least you can figure out what cards you have to play.
(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)
