A Shenzhen couple has been separated for 3 years, but one party absolutely refuses to divorce? In a divorce by litigation, what's the fastest time to get a judgment, and how are property and child custody contested?

Last week, a client from Futian, Shenzhen came to see me. She had been married for 11 years, and her husband had moved out starting last year, changed his payroll card, stopped answering calls, and blocked her on WeChat. She wanted a divorce, but the other party had declared, "I'll drag you to death, I will never agree to a divorce." She sat in the conference room of Zhiming Law Firm, and the first question she asked was: "Lawyer Shen, since he doesn't agree, does that mean I can never get this divorce?"
This question is asked by almost every client who comes to me for divorce consultation. When the other party refuses to cooperate, plays disappear, or flat-out refuses to sign, it truly feels hopeless. But to be honest, when it comes to divorce litigation in Shenzhen, as long as you take the right approach, there is no marriage that can't be dissolved.

Many people think that suing for divorce is a bottomless pit, with the first and second instance trials dragging on for two or three years. In fact, courts in Shenzhen handle divorce cases with clear procedures and a defined pace.
The trial period for ordinary procedures is 6 months, and for summary procedures it is 3 months. However, these are the upper limits prescribed by law, not a requirement that every case must run the full term. In courts of districts such as Futian and Nanshan in Shenzhen, the proportion of cases applying summary procedures is very high for cases with clear facts and sufficient evidence of emotional breakdown.
The key is one word: speed. But the prerequisite is that you need to have solid evidence of "broken relationship." For example, a rental contract proving continuous separation for two full years, a residence certificate from the neighborhood committee, police reports of multiple instances of domestic violence, or chat records and transaction statements showing the other party cohabiting with someone else during the marriage. Once you submit this evidence, the judge will have a clear picture.
In the cases I've handled, the fastest one went from filing to mediation settlement in less than three months. The opposing party initially held firm, but after seeing our evidence chain of separation and the list of property leads, combined with the judge conducting two rounds of back-to-back mediation, they finally relented. So don't be intimidated by the "delay tactics"—the legal process itself is a powerful weapon.
Housing prices in Shenzhen are expensive, and in divorce cases, 70% involve property division, with the average disputed amount ranging from 3 million to 8 million yuan. That's no small sum—if it's not divided properly, half a lifetime's hard work could be lost.
According to Article 1087 of the Civil Code, the principle for property division upon divorce is to "give consideration to the rights and interests of the children, the wife, and the no-fault party." This statement is the core, but when applied to specific cases, what judges value most are the **source of capital contribution** and the **registration status**.
For example, I represented a female client from Longhua. She had been married for 8 years, and the couple owned two properties—one in Nanshan and one in Longhua. Her husband was a senior executive at a company, earning five times her income, but both properties were registered under both their names. During the hearing, the opposing counsel argued that since the husband had contributed more financially, the properties should be divided according to contribution ratio. Our side presented evidence showing that after marriage, both parties' incomes constituted joint property, and that the wife had shouldered the primary childcare and household responsibilities. In the end, the court ruled that both properties be split 50/50, awarded custody of the child to the wife, and ordered the husband to pay monthly child support.
To put it plainly, a house purchased after marriage is generally considered joint property regardless of whose name is on it, with equal division being the principle. For a house purchased before marriage with a mortgage, the other party is entitled to compensation for the portion of the loan jointly repaid after marriage and the corresponding appreciation in value. The calculation methods involved here are very detailed, so it is advisable to have a lawyer help you calculate it precisely rather than signing anything blindly on your own.
This is the most discouraging remark I've heard at Zhiming Law Firm in Shenzhen. Many full-time mothers believe that since they don't have a job, the court will surely award custody of the child to the father, who has stronger financial means.
Completely wrong.
Article 1084 of the Civil Code clearly stipulates that the core principle for determining child custody is "most beneficial to the minor child." A child under the age of two shall, in principle, live with the mother. A child over the age of eight shall have their own wishes respected. For children between the ages of two and eight, the court considers many factors, including: **the amount of companionship time, living habits, educational resources, and even who can provide more stable emotional support.**
I handled a case where the woman was a full-time housewife in Bao'an, and the man was a businessman who was always away on business trips. When the woman came to me, she was crying uncontrollably, saying that the man had declared he would hire ten lawyers to fight for custody of the child. The first thing we did was help her compile all the records from the past three years of picking up and dropping off the child at school, attending parent-teacher meetings, and taking the child to see doctors, as well as testimonies from community neighbors and the child's kindergarten teacher. During the court hearing, the judge asked the child, "Who usually helps you with your homework?" The child blurted out, "Mom." In the end, custody was awarded to the woman, the man was ordered to pay 8,000 yuan per month in child support, and the house was also awarded to the woman for her residence.
So being a full-time parent is not a disadvantage but rather your core advantage in fighting for custody. The key is whether you can articulate clearly, through evidence and legal language, that "you are the child's primary caregiver."
Many parties discover before filing a lawsuit that the other side has already transferred the money out of their bank account, or transferred the ownership of their vehicle to a relative. In such situations, don't panic, and don't grab the other person's phone or hire someone to follow them—those actions are illegal.
Freeze the other party's account. If you suspect the other party is transferring property, you may apply to the court for an investigation order during the proceedings to obtain the other party's bank statements, WeChat and Alipay transfer records from the past two years. Once malicious transfer is verified, according to Article 1092 of the Civil Code, the transferring party may receive a reduced share or no share of the property.
I previously handled a case in Futian. One month before the man filed for divorce, he transferred 1.2 million yuan to his sister's account. After we applied for a court investigation order, the bank statements were pulled, and the transfer records were clear. In court, he explained it was "repaying a loan," but he could not produce an IOU. In the end, the 1.2 million was determined to be a malicious transfer, and the judgment ordered the full amount to be divided to the wife. The man also made concessions on his share of the property.
In Shenzhen, the divorce rate has remained high in recent years, with nearly 50,000 couples registering for divorce each year. Whether you no longer want to continue the marriage or you've been forced into this situation, since you've already reached this point, don't think about "just toughing it out." Delaying will only leave you increasingly disadvantaged when it comes to property and child custody matters.
Whether you're considering a negotiated divorce or preparing to file a lawsuit, it's advisable to first have a consultation with a lawyer who specializes in marriage and family matters. Lay out all the materials you have and the concerns in your mind, and let a professional help you assess the situation. Holding the initiative is always better than being passively on the defensive.
If you're stuck at the crossroads of divorce and can't make up your mind, you're welcome to visit Guangdong Zhiming Law Firm. We're located at Room 1802, Building A, Xintiandi Century Business Center, Shixia North Second Street, Futian District, Shenzhen. Our phone number is 0755-25986969. Zhiming Law Firm has been rooted in Shenzhen for 26 years. My team and I have handled over a thousand divorce disputes, and we know which step is the critical one and which step is a pitfall. Director Shen Jinlong has 26 years of professional experience. He can help you sort through complex matters and make the most favorable decisions.