If one spouse in a Shenzhen couple absolutely refuses to divorce, how long will it take if the case is taken to court? Can property division and child custody be decided in a single ruling?

Last week, a client from Futian came to us and said as soon as she sat down: "Lawyer, my husband has hidden our marriage certificate and says he'd rather die than divorce, dragging this out for three years. What am I supposed to do?" She was clutching photocopies of the property deeds for two apartments, and her child had just started elementary school. This kind of situation is all too common in Shenzhen—one side is dead set on leaving, while the other uses "refusing to divorce" as leverage.

If the other party does not agree to a divorce, is filing a lawsuit the only way out?

Legally, there are only two paths to divorce: going to the civil affairs bureau for a mutual consent divorce, or going to court for a contested divorce. If the other party is uncooperative, the mutual consent path is essentially blocked. Article 1079 of the Civil Code is very clear: the breakdown of affection is the legal standard for granting a divorce. But how do you prove "breakdown of affection"? The court looks at the chain of evidence, not who cries the hardest.

In practice, if the other party firmly refuses to agree to a divorce during the first lawsuit, and there are no statutory circumstances such as domestic violence, bigamy, or gambling, the court may indeed rule against the divorce. However, this does not mean there is no recourse—after the judgment takes effect and the parties have lived separately for one year, if you file again, the court should grant the divorce. This is stipulated in Article 1079, Paragraph 4 of the Civil Code. Many people are unaware of this provision and waste time waiting after the first judgment.

How long does a contested divorce actually take? What's the difference between 3 months and 2 years?

For divorce cases in Shenzhen's grassroots courts, the trial period for the ordinary procedure is 6 months, and for the summary procedure it is 3 months. However, this is the "trial period," not the "actual time to completion." Based on cases our team has handled in Futian and Nanshan courts, quick ones can be concluded in 3 months, while slow ones dragging on for a year or more is also normal. The key depends on three factors:

First, whether the other party cooperates with service of process. Some people deliberately ignore court calls or refuse to accept summons to delay proceedings, forcing the court to serve by public notice, which takes 30 days and pushes the hearing back by over a month. Second, whether to apply for property preservation. If you notice signs that the other party is transferring deposits or selling property, you should apply for preservation immediately, as the court also needs time to investigate and freeze assets. Third, the extent of disagreement between both parties over property and child custody. The greater the disagreement, the less room there is for mediation, and the longer the process will take.

Can property and child custody be resolved in a single lawsuit?

Yes. A divorce lawsuit can simultaneously assert three claims: dissolution of the marriage, division of marital property, and determination of child custody, and the court will hear them together. In Shenzhen divorce cases, 70% involve property division, with the subject amounts typically ranging from 3 million to 8 million yuan. A single house is often the largest joint asset a couple accumulates in their lifetime.

But here's a practical issue: property division isn't as simple as the court ruling "each person gets half." The real points of contention lie in the details—who gets the house, whether compensation is owed, whether it's paid in installments or in a lump sum, and who gets to use the school-district quota. The same goes for child custody. The court's principle is "the best interests of the minor," but when it comes to specifics—whose income is more stable, who spends more time with the child, and how the child's wishes are weighed—every point has to be backed by evidence.

How can we help the client obtain the property and custody within three months?

Last year, we handled a case in Longhua where the wife had been a full-time homemaker for eight years, while the husband ran a small company and owned two properties—one for residence and one for rental. The husband adamantly refused to agree to the divorce, believing that since the wife had no income, she wouldn't be able to secure custody or the properties, and would naturally back down.

We did three things. First, we guided the wife to collect records of the husband's transfers during the marriage—one transfer of 280,000 yuan to a third party was suspicious in timing, so we applied to the court to obtain the transaction records, proving the possibility of concealing marital property. Second, we quantified the wife's "value of household labor"—eight years of childcare and caring for the elderly, calculated based on the market rate for domestic services in Shenzhen, and this contribution should be considered when dividing the property. Third, we applied to the court for property preservation, freezing a payment received in the husband's company account.

The case entered the pre-litigation mediation stage, and the man realized that dragging things out was pointless, so he eventually agreed to mediation. From filing the case to receiving the mediation document, it took just over three months. The woman obtained the self-occupied property and child custody, while the man kept the rental property and paid a sum of compensation. This outcome was even better than we had expected—because under the pressure of asset preservation, the other party's room for negotiation was significantly reduced.

A few honest words for those in Shenzhen who are torn about divorce.

Question: If the other party is delaying the divorce, am I left with no choice but to wait?
Answer: No. Even if the first lawsuit does not result in a divorce, after the judgment takes effect and you have been separated for one year, if you file again, the court should grant the divorce. The key is not to just wait idly—use this time to solidify your evidence thoroughly.

Question: Is hiring a lawyer actually useful?
Answer: If neither party owns a house, a car, or savings, and there are no children involved, you can simply file the case with the court yourself without spending that money. However, as soon as real estate, equity, large deposits, or child custody come into play, the value of a professional lawyer becomes clear—just figuring out how to trace assets or organize evidence for custody is something someone who has never been through a lawsuit simply won't know how to navigate.

Shenzhen sees approximately 50,000 divorce registrations each year, and contested divorces are by no means rare. When family cases go to the final stretch, what matters isn't who plays dirtier, but whose evidence is more solid and whose strategy is clearer. Guangdong Zhiming Law Firm has handled marriage and family cases for 26 years, with Chief Lawyer Shen Jinlong leading the team and having represented over a thousand divorce disputes. From Futian to Nanshan and Longhua, they know the courts across all districts of Shenzhen inside out. If you're stuck in a divorce deadlock and unsure about your next move, you can start with a phone call: 0755-25986969. The office is at Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. Call ahead to schedule a time before visiting, so you don't make a wasted trip.