If one party in Shenzhen absolutely refuses to agree to a divorce, how long does a contested divorce actually take? A lawyer explains how to fight for property and child custody.

Last week, a woman living in Longhua, Shenzhen, came to Guangdong Zhiming Law Firm and said as soon as she walked in, "Lawyer Shen, my husband has hidden our marriage certificate and household registration book, and threatened to drag things out until I'm worn down. Can this divorce actually go through?" She had been married for 11 years, her husband worked at Nanshan Science and Technology Park, and the couple jointly owned a school-district apartment in Futian and a car worth 400,000 yuan. Her biggest concern wasn't the time involved, but that her husband might transfer assets during the process.
This kind of scenario is all too common in Shenzhen. Many people assume that divorce requires both parties to sign and agree, but legally, that's not the case at all. Article 1079 of China's Civil Code states it clearly: the breakdown of affection is the legal standard for granting a divorce. In plain terms, as long as the statutory conditions are met—such as domestic violence, bigamy, or separation due to discord lasting two years—the other party's consent or lack thereof does not affect the court's decision to grant the divorce.

Shenzhen sees around 50,000 divorce registrations annually, but cases that actually escalate to litigation often involve uncooperative spouses, complex assets, or child custody disputes. Our team has roughly calculated that over 70% of divorce lawsuits in Shenzhen involve property division, with the average disputed amount ranging from 3 million to 8 million yuan. Behind these figures lies the reality of Shenzhen's housing prices—a single property often represents a family's decade of savings.
How to fight for property and custody comes down to one key word: evidence. Property division mainly depends on legal provisions and agreements. For the portion of a mortgage jointly repaid after marriage, even if the property deed only bears one spouse's name, the other spouse is still entitled to a corresponding share and the appreciation gains. In terms of custody, the court places the greatest weight on the child's stable living environment. Children under two years old generally stay with the mother, while those over eight must have their wishes respected. For ages in between, the court looks at who has provided more daily care and who has stable housing and income.
This is the most frequently asked question by clients. The statutory trial period is three months for summary procedures and six months for ordinary procedures. However, in practice, if the other party firmly opposes the divorce during the first lawsuit, the court is likely to rule against it, and you'll have to wait six months before filing again. Combined, the two lawsuits can easily stretch over a year.
But here's a breakthrough that many people don't know about: mediation. Courts at all levels in Shenzhen have a pre-litigation mediation mechanism. We've represented quite a few cases where property division and child custody were settled in one go during the mediation stage, with the fastest case closing in just three months. A mediation agreement for divorce carries the same legal force as a court judgment, and since both parties are willing, there are far fewer conflicts during subsequent enforcement.
Answer: It's not troublesome. You can go to the civil affairs bureau to retrieve the marriage registration archives, or bring your ID to the marriage registration office to obtain a certificate—either way, the issue of filing materials can be resolved. Hiding the documents only delays the process, not prevents it.
Last year, we represented a client living in Futian. She had been married for eight years, with a six-year-old child. Her husband earned an annual salary of one million yuan but worked long hours, leaving her to handle all the school pick-ups and drop-offs, parent-teacher meetings, and hospital visits for their child on her own. When she filed for divorce, her husband refused and even kicked her out of the house. By the time she came to us, she was already emotionally shattered.
We did three things: first, we guided her in collecting evidence of her daily childcare, including records from the school notification group, medical visit records, and payment receipts for extracurricular classes; second, we obtained the mortgage payment statements for the properties under both their names; third, we applied to the court for property preservation, freezing the husband's bank accounts. After the case was filed, it entered the mediation process. When the other party saw how well-prepared we were, they realized that dragging things out would only incur more litigation costs, and they eventually agreed to mediation. Within three months, she obtained the property and custody, with the husband paying monthly child support.
This case was closed in three months, not because of luck, but because the chain of evidence was solid. Judges in Shenzhen are accustomed to all kinds of prolonged battles—whoever presents clear and compelling evidence holds the initiative.
Conclusion
When getting a divorce in Shenzhen, the biggest fear isn't the other party's refusal—it's not understanding the rules or being unprepared. Matters of the heart can't be forced, but when it comes to property and children, the law provides you with a clear path. If you're facing a similar dilemma, it's wise to first consult a professional lawyer to analyze your situation, see what cards you hold, how long litigation might take, and what your chances of winning are. Guangdong Zhiming Law Firm is located at Room 1802, Block A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. With 26 years of brand history, the family law team led by Chief Lawyer Shen Longjin has handled numerous divorce disputes in the Shenzhen area. Call 0755-25986969 to have a chat—your problem may not be as difficult as you imagine.

(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)