A couple in Shenzhen has a broken marriage, but the other party refuses to divorce and drags it out? How long does a lawsuit take, and how are property and child custody contested? A lawyer explains with real case data.

Last month, a woman living in Nanshan, Shenzhen came to our firm. Her first words were: "Lawyer Shen, I can't endure another day in this marriage, but he absolutely refuses to divorce, saying he'll drag me down even if it kills me." She had been married for seven years, and her husband hadn't contributed a single cent to the household in the past two years. The school-district apartment in Futian was purchased by the couple after marriage, and their child had just started second grade in elementary school.
This scene is all too common at Zhiming Law Firm. Shenzhen registers nearly 50,000 divorces each year, but there are still countless couples who can't even step through the doors of the civil affairs bureau—because one party is dead set against the divorce. Today, I'll address the most frequently asked questions all at once.

Yes, but with conditions.
Article 1079 of the Civil Code clearly stipulates that the breakdown of mutual affection is the sole criterion for granting a divorce. In practice, courts determine "breakdown" most directly based on two factors: first, whether the other party has committed statutory faults such as domestic violence, gambling, or drug abuse; second, whether the parties have continuously lived apart for a full two years.
But many clients will ask: we haven't been separated, just arguing and giving each other the cold shoulder every day—can we get a divorce judgment? To be honest, the first lawsuit most likely won't result in a divorce. The common practice at Shenzhen's grassroots courts is that for a first filing without statutory grounds, they basically handle it through mediation for reconciliation, or directly rule against the divorce. In that case, you have to wait until the judgment takes effect and six months pass before filing a second lawsuit, and the chances of a divorce judgment in the second filing will noticeably increase.
So if you're asking me how long it takes to get a divorce, the most conservative estimate is: the first filing takes 3 months, wait 6 months, then the second filing takes another 3 months, totaling about a year. But this isn't a hard-and-fast rule—let me share a different scenario below.
Yes, there is mediation.
The Zhiming Marriage and Family Team handled a case last year where the client lived in Longhua, her husband was a businessman, and together they owned two properties and a car, with assets exceeding ten million yuan. When the woman came for consultation, she was extremely distressed, believing that following the normal procedure, just the property investigation alone would take over half a year.
After taking over the case, we didn't rush to file it. Instead, we did three things first: sorted out all the property clues from the couple's dating period through their marriage, had one productive communication with the opposing counsel, and put the child custody plan on the table. The other side wasn't really trying to drag things out—they were just afraid of being taken advantage of during the divorce. Once we sent over a written property division proposal, the opposing counsel reviewed it and found it reasonable, and both parties reached a mediation agreement within three months. The wife got the title to one of the properties, and she was also awarded custody of the child.
This case was closed in three months, saving at least half a year compared to going through the entire litigation process. The advantage of mediation is that the court issues a Civil Mediation Agreement, which carries the same compulsory enforcement power as a judgment, and both parties don't have to burn bridges, making future visits with the child less awkward.
Let's start with real estate. In divorce litigation in Shenzhen, over 70% of cases involve property division, with the disputed amounts averaging between 3 million and 8 million yuan. The core of the ruling hinges on one point: whether the property was purchased with marital joint assets after marriage. If so, regardless of whose name it is registered under, the principle is a 50-50 split.
But here's a detail most people don't know: if one party uses pre-marital assets to make the down payment and the couple jointly pays the mortgage after marriage, the house goes to the registered owner, but the appreciation corresponding to the post-marital mortgage payments must be converted into cash compensation for the other party. Since property prices in Shenzhen rise quickly, this appreciation often exceeds the principal of the mortgage payments themselves.
In custody cases, the court's core consideration boils down to eight words: which parent is more beneficial to the child's growth. Children under two generally stay with the mother; for those over eight, the child's own wishes must be respected. The hardest rulings fall between ages two and eight, where the court weighs factors like who has spent more time caring for the child, who has stable housing and income, and whether grandparents can help with childcare. Simply put, it's about which living environment disrupts the child's life less.
Many clients have asked about this question, especially in areas like Futian and Nanshan, where law firms are clustered. Zhiming Law Firm has been practicing in Shenzhen for 26 years, handling over 10,000 cases in total. The firm's director, lawyer Shen Jinlong, brings 26 years of legal experience, holds a master's degree from Fudan University, and previously served as a senior executive at a state-owned enterprise. The family law team has a thorough understanding of the adjudication standards and mediation styles of courts across all districts in Shenzhen, knowing which cases can be mediated and which must go to trial—experience that young lawyers and large chain firms cannot match in the short term.
To put it bluntly, divorce cases aren't just about money—they're also about the children and the order of daily life. In one case we handled, the wife nearly gave up the property in exchange for custody. After we helped her crunch the numbers, she ended up with both the house and the child.
If the other party doesn't agree to the divorce, getting anxious won't help, but dragging it out is not a solution either. The law won't grant a divorce just because you "want one," nor will it keep you bound forever just because the other party "doesn't want one." The key is to solidify your evidence—things like a rental contract proving separation, transfer records, and chat logs are what the judge will actually recognize.
If you're stuck at the crossroads of divorce, unsure about how to divide property or fight for custody, you can come to Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, to talk with Zhiming Law Firm. Call 0755-25986969. With 26 years of cases on record, they can lay everything out clearly for you.