When a couple in Shenzhen has a broken marriage and the other party refuses to divorce no matter what, how long does it take to file a lawsuit? How are property and children decided? A lawyer explains in detail with real cases.

Last week, a woman living in Longhua, Shenzhen, came to our firm. Before she even sat down after entering, her eyes welled up with tears: "Lawyer Shen, my husband hasn't been home for six months. When I filed for divorce, he refused to sign no matter what, saying he'd drag it out. I really can't go on like this. In this situation, can I even get a divorce? How long will it take?"
This kind of scenario occurs almost every week at Zhiming Law Firm. Many clients have a misconception that divorce requires both parties' consent, and that it cannot be finalized without the other party's signature. In reality, Article 1079 of the Civil Code is very clear: if the emotional bond has truly broken down and mediation fails, the divorce should be granted. Simply put, divorce has never been something that requires the "other party's consent" to proceed—it's just that "disagreement" makes the process longer and more complicated.
Today, I will thoroughly address the four most frequently asked questions from the parties involved, all at once.

This is the question everyone cares about most. Let me get straight to the point: in Shenzhen, the fastest takes 3 months, the slowest takes a year and a half, with the average falling between 6 to 9 months.
Why is the gap so wide? It comes down to two key factors: first, whether the other party is cooperative; second, whether there are disputes over property and child custody. If the other party is willing to negotiate after receiving the summons, the court will first arrange mediation. If mediation succeeds, a mediation agreement is issued directly, and the case can be concluded within three months. Last year, the Zhiming Family and Marriage Team handled a case where a couple owned two properties and a car in Nanshan. The husband initially refused to agree, but through lawyer's letters and pre-trial mediation, both parties reached a consensus during the third mediation session. From filing the case to receiving the mediation agreement, it took just over three months.
But if the other party is determined to drag things out, the first lawsuit may result in a judgment of no divorce, and you'll have to wait six months before filing again. The chances of a divorce judgment in the second lawsuit are very high. So, be mentally prepared for a "protracted battle," but don't be intimidated by the "stalling" tactic—stalling won't lead to any resolution; it will only deepen the conflict between both sides and drive up the costs.
Houses in Shenzhen often cost millions or even tens of millions, making them the most critical issue in divorce cases. In Shenzhen divorce litigation, over 70% involve property division, with the average disputed amount ranging from 3 million to 8 million yuan.
When the court divides real estate, the key factors come down to three points: whether it was purchased before or after marriage; whether the other party's name is on the property title; and who paid the purchase price and who is repaying the mortgage. For a property bought after marriage, even if only one person's name is on the title, it is in principle considered joint marital property, split equally between the two. However, in practice, the proportion of the down payment contributed and the source of funds for mortgage repayments can affect the division ratio—it is not simply a fifty-fifty split.
Two years ago, we handled a case where the wife, living in Futian, used her pre-marital savings to pay the down payment on a property after marriage, while the husband contributed only a small amount toward renovations. When the husband filed for divorce, he demanded half of the property. We submitted bank statements and transfer records proving that the down payment came entirely from the wife's pre-marital assets. In the end, the court ruled the property belonged to the wife, and the husband only received compensation corresponding to the renovation costs and a share of the joint loan repayments made after marriage—a difference of nearly 4 million yuan. This case shows that evidence is always the deciding factor in property division.
Custody issues are always the most heart-wrenching part of every court hearing. The principle of Shenzhen courts is clear: children under two years old should, in principle, live with their mother; children who have reached eight years old should have their true wishes respected. For children between two and eight years old, the core consideration boils down to four words: conducive to growth.
When making the specific ruling, the court will look at who has a stable job and residence, who the child has been living with, and who has been providing more daily care. In plain terms, it comes down to this: the child will be awarded to the parent with whom their quality of life won't decline and whose studies and daily routine won't be disrupted. Stay-at-home mothers need not worry that "without a job, they can't win custody." If you can prove you have savings, support from your family, or that the other party has issues like domestic violence or alcoholism, the court will still grant you custody. The key is that you need to provide evidence, not just claim "I want the child."
To be honest, if you don't own property, have no significant savings, and have no children, and both parties agree to the divorce, you can just go to the civil affairs bureau yourself—no need to spend the money. But as long as three things are involved—property, money, and children—I'd advise you to seriously consider hiring a lawyer.
The reason is simple: divorce litigation is not a place for reasoning, but a place for evidence. You may think you're in the right, but if you can't produce evidence, the judge can't help you either. A lawyer can help you sort out which evidence is key, which evidence the court won't even consider, and save you from wasting money and going down the wrong path. More importantly, a lawyer can help you keep your emotions in check and avoid being provoked into saying the wrong thing in court. We've seen too many clients who had a strong case, but lost their composure in court and said something impulsive, giving the other side leverage.
Zhiming Law Firm has been handling marriage and family cases in Shenzhen for 26 years, representing over ten thousand disputes. Director Shen Jinlong often tells us: a divorce case is not about winning or losing, but about the decades of life that follow. So what we fight for our clients is not just the house and custody, but also the stability of their future. If you are trapped in a divorce and unsure how to divide the property or fight for your children, you are welcome to visit us at Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District. Call us at 0755-25986969. A face-to-face conversation with a lawyer beats searching online until 3 a.m. on your own.
To be honest, the worst thing about divorce is dragging it out. Delaying and avoiding the issue means assets could be transferred, the child's living environment becomes increasingly strained, and your own emotions will be worn down. When it's time to talk, don't hide; when it's time to file, don't be afraid. Leave the professional matters to the professionals, so you can free yourself up to move on with the life ahead.