A Shenzhen couple has been separated for three years, but the other party absolutely refuses to divorce. How long does it take from filing a lawsuit to the court granting the divorce? A lawyer explains property division and child custody all at once.

Last week, a client from Futian came to see me and said as soon as he sat down, "I've been separated for almost three years, but the other party just refuses to leave. What's the point of dragging on?" Her husband works as a cross-border e-commerce company in Nanshan, earns a million yuan a year, and owns a school district house in Futian. Their child has just started elementary school. Her question is very direct: how long does it take to file for divorce? Can the house belong to me? Can the child belong to me?
I have been practicing for 22 years and have been asked this question hundreds of times. Today, let's explain the process, cycle, and logic of property custody disputes in divorce litigation in Shenzhen in one go.


Many people think that once you file a lawsuit, you can get a divorce, but that's not the case. The statutory standard for a court to grant a divorce is that "the relationship has truly broken down." Article 1079 of the Civil Code lists several situations: bigamy or cohabitation with another person, domestic violence, abandonment, gambling or drug addiction that remains uncorrected despite repeated admonitions, or separation for at least two full years due to a breakdown in mutual affection.
The key here comes down to one word: evidence.
Separation for two full years isn't something you can just claim verbally. You need to produce evidence—rental contracts, utility payment records, changes of address on your residence permit, and screenshots of chat conversations where you mentioned "we've been separated for a long time" all count. Courts in Shenzhen are relatively strict in their determination of separation. When spouses live apart within the same city, the judge will focus on whether there is a substantive state of "mutually failing to fulfill marital obligations."
But in practice, there's another scenario: the first time you file for divorce, if the other party states in court, "I don't want a divorce, the feelings are still there," the judge will most likely rule against the divorce. Then you have to wait six months before you can file a second time. On the second filing, the probability of a divorce ruling is very high — according to data from grassroots courts across Shenzhen, the divorce rate for second filings is above 85%.
So, if the other party is deliberately stalling, you need to be mentally prepared: from filing the case to the divorce judgment being granted, the shortest period is 4 to 6 months, and the longest can be a year and a half. But note, this is the time for the "divorce judgment," not the time for "complete resolution." If property division and child custody cannot be agreed upon, the litigation will continue.
In divorce litigation in Shenzhen, over 70% of cases involve property division, with the average disputed amount ranging from 3 million to 8 million RMB. How the house is divided depends not on who "needs" it, but on three factors: the source of funding, the registered name, and the post-marriage mortgage repayment situation.
For example, there's a case I handled last year. My client was a stay-at-home mom from Longhua who had been taking care of the kids full-time after marriage. Her husband worked at a tech park, and they owned an apartment in Bao'an under his name alone, with the down payment paid by his parents. When she came to me for consultation, she was very panicked, thinking that since she had "no money, no house, no job," she definitely wouldn't get anything out of the divorce.
And the result? We helped her sort through the records of mortgage payments made during the marriage—over the eight years after the wedding, the monthly payments had consistently been covered by marital joint property. Therefore, the portion of the mortgage repaid after marriage, along with its appreciation, constituted community property. The case was ultimately concluded through mediation, and she received 1.8 million yuan in property buyout compensation, along with custody of the child. From engagement to resolution, the entire case took only three months.
In custody cases, the adjudication logic of Shenzhen courts is very consistent: children under 2 years old go with the mother, children over 8 years old have their wishes respected, and for the middle age range, the court looks at "who is more suitable." What does "suitable" mean? It's not about who has more money winning the case, but rather who has been more concrete in daily companionship and educational investment. Do you have records of school pick-ups and drop-offs, chat logs in parent groups, payment receipts for extracurricular classes, or hospital registration slips from taking the child to see a doctor? These are far more useful than a statement like "I can't live without my child."
Yes, but with conditions. Many business couples in Shenzhen have one spouse transfer savings to relatives' accounts early on, or buy wealth management products under the company's name, so by the time of divorce, the accounts are completely clean.
Article 1092 of the Civil Code clearly states: where one party conceals, transfers, sells off, or destroys community property of the spouses, that party may receive a smaller share or no share during division. But the key is that you have to "obtain evidence." Bank statements, transfer records, and changes in stock accounts — these can be obtained by applying to the court for an investigation order during litigation. I handled a case in Longgang where the wife transferred 800,000 yuan to her brother six months before filing the lawsuit. We applied for an investigation order to retrieve the bank statements, and ultimately the transfer was determined to be a concealment of assets, resulting in the wife receiving 15% less directly in the division.
So, if you suspect the other party is transferring assets, keep it quiet. First, secure the evidence—account information, transfer times, and amounts—the more specific, the better. Submit it all together when filing the lawsuit, and apply for the court to obtain the complete transaction records.
Shenzhen courts now require mediation proceedings before case filing. Many people hear "mediation" and think it means "muddling through," but that's not the case. Mediation means you and the opposing party sit down and put your terms on the table under the judge's guidance. If an agreement is reached, a mediation document is issued on the spot, carrying the same legal effect as a judgment.
Our Zhiming marriage and family team's fastest case took only 3 months from filing to mediation settlement. The woman obtained the property rights to an apartment in Nanshan, and custody of the child was also awarded to her, with the man paying monthly child support. She initially came prepared for a "three-year lawsuit," but an agreement was reached during the mediation stage.
The benefit of mediation is that it saves time and litigation costs, and more importantly — it avoids burning bridges. Couples with children will still need to meet in the future and co-parent together. When the case is concluded through mediation, the relationship between the two parties won't completely collapse.
But mediation is not about conceding without limits. You need to know exactly where your bottom line is: whether you can compromise on the property share, whether you can concede on custody, and whether the child support amount is negotiable. You should have a clear picture of all this before mediation, and ideally have your lawyer help you run the numbers first—if the case goes to trial, how much would you get; if you settle through mediation, how much room for concession should you have.
The longer a divorce drags on, the more it drains you. In Shenzhen, the average divorce litigation cycle is 6 to 12 months, but with solid evidence and a clear strategy, it is entirely possible to get a result within 3 to 4 months.
We've seen too many clients who spent half a year struggling on their own, went online to find templates for writing complaints, only to have them rejected by the court, or were admonished by judges for insufficient evidence, and finally came back to us. Professional matters should be entrusted to professionals—this is not just empty words.
If you are facing similar difficulties - the other party does not agree to divorce, property division cannot be negotiated, and there is a dispute over child custody, welcome to Guangdong Zhiming Law Firm. We are located at Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. Our phone number is 0755-25986969. In 26 years, with a large number of cases, Director Shen Jinlong and his team know how to help you clear the way.