In Shenzhen, if one spouse absolutely refuses to divorce, how long will it take from filing a lawsuit to the court granting the divorce? And how exactly does the court divide property and custody of children?

Last month, a woman living in Nanshan, Shenzhen, came to us and her eyes were red the moment she sat down. She had been married to her husband for 11 years, and since the third year of their marriage, he rarely came home and didn't contribute his salary to the household. She had filed for divorce three times, and his only response was: "I'll drag you down, I won't divorce you." She asked me, "Lawyer Shen, as long as he refuses, will I never be able to get a divorce?"

This is not an isolated case. Shenzhen registers about 50,000 divorces each year, but there are still a large number of couples who never make it through the doors of the civil affairs bureau—because one party is adamantly unwilling to agree. As long as one side refuses to cooperate, the path to a mutual-consent divorce is blocked, leaving litigation as the only option. Many people balk at the mere mention of "going to court," worried about lengthy timelines and overly complicated procedures. Today, I'm laying out real case data to clarify the timeline for a litigated divorce, the logic behind property division, and the standards for determining child custody.

One: If the other party does not agree to a divorce, how long will it take to file a lawsuit?

To start with the conclusion: in Shenzhen's basic-level courts, divorce cases under the summary procedure have a trial period of 3 months, while the ordinary procedure takes 6 months. These are the maximum time limits set by law, but in practice, it often doesn't take that long—it mainly depends on the other party's attitude and the complexity of the case.

In a divorce case our team handled in Futian District, it took only three months from filing to the client receiving the mediation agreement. The other party initially declared they "absolutely would not divorce," but once the lawyer presented evidence of separation, asset leads, and custody conditions item by item, their psychological defenses quickly crumbled, and a mediation agreement was ultimately reached under the court's guidance.

However, if the other party is determined to delay, and the first lawsuit ends in a ruling against divorce, you must wait six months before filing again. This is what is known as the "second lawsuit." The likelihood of a divorce ruling in the second lawsuit increases significantly, because Article 1079 of the Civil Code clearly states that if, after a court has ruled against divorce, the parties have lived separately for a full year and one party files for divorce again, the divorce shall be granted. In plain terms, the law provides you with a clear path forward—it just takes time.

II. In 70% of divorce lawsuits in Shenzhen, property division is involved. How do the courts divide it?

Shenzhen's housing prices ensure that property is always the centerpiece in divorce cases. Industry data shows that 70% of divorce lawsuits in Shenzhen involve property division, with the average disputed amount ranging from 3 million to 8 million yuan. Many people assume that "a house bought after marriage is split fifty-fifty," but that understanding is far too simplistic—the court's reasoning is much more nuanced than that.

Article 1087 of the Civil Code stipulates that upon divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; if an agreement cannot be reached, the people's court shall, based on the specific circumstances of the property, make a judgment in accordance with the principle of protecting the rights and interests of the children, the wife, and the non-breaching party. In the practice of Shenzhen courts, four words are most critical:Source of funding.

We handled a case in Longhua District where a couple bought a house after marriage. The down payment was paid by the husband's parents, and the property was registered under both spouses' names. The wife claimed a 50% share, but the court ultimately ruled that the husband was entitled to 65%, citing that the down payment came from his parents and that the wife bore fault in the marriage. Conversely, if the down payment came from the couple's joint savings and the mortgage was also paid off together, the split would generally be equal. Another common scenario is when one spouse pays the down payment before marriage and the couple jointly repays the mortgage after marriage. In that case, the house goes to the spouse who made the down payment, but the portion of the mortgage repaid jointly after marriage, along with its appreciation in value, must be compensated to the other spouse at a discounted rate. When you calculate this, the difference often amounts to hundreds of thousands or even millions, so it absolutely cannot be taken lightly.

III. Custody Battles: What Does a Shenzhen Court Actually Recognize?

Many clients ask me: "I've always been the one raising the child, will the court award custody to me?" The answer is: yes, but you need to provide evidence.

Article 1084 of the Civil Code stipulates that after divorce, children under the age of two shall, in principle, be directly cared for by the mother. For children who have reached the age of two, if the parents fail to reach an agreement on custody, the people's court shall render a judgment in accordance with the principle of what is most beneficial to the minor child. Where a child has reached the age of eight, the child's true wishes shall be respected.

In practice, the Shenzhen courts place the greatest emphasis on three things:Daily care records, residential stability, and educational planning capability.To put it bluntly, whoever spends more time raising the child, has easier access to the child's school, and has a stable income and time to accompany the child, holds the advantage. In a case we handled in Nanshan District, the mother was an ordinary office worker and the father had a higher income, but the mother provided three years of school pickup records, chat logs from the parent group, and medical payment receipts for taking the child to see a doctor. The court ultimately awarded custody to the mother while requiring the father to pay higher child support. These pieces of evidence may seem trivial, but at a critical moment, they are decisive.

4. Real case example with case closure in as fast as 3 months

Last year, we handled a divorce case in Futian District. Our client was a full-time mother, while her husband ran a trading company and owned two properties and a car. The husband refused to agree to the divorce, citing "the children cannot grow up without a complete family"—in reality, he was using delaying tactics to pressure the wife into making concessions.

After taking over the case, we did three things: first, we guided the client to gather evidence of separation, including the rental agreement, property management registration, and chat records; second, we applied for a court investigation order to clarify the bank transactions and corporate shareholding structure under the husband's name; third, we organized the evidence chain for child custody, including daily care records and school district enrollment certificates. With these three approaches working in tandem, the opposing counsel proactively requested mediation upon seeing the evidence list. The case was concluded within three months—the client not only secured the property but also obtained custody of the child, with monthly child support payments set at an amount far exceeding her initial expectations.

The core of this case is just one word:Ready.In a contested divorce, the battle is all about evidence preparation and strategic planning. Whoever prepares earlier and more thoroughly holds the initiative.

Five: The standard for determining the breakdown of a relationship is more lenient than you might think.

Many people think that "breakdown of the marital relationship" is a vague concept that is difficult for courts to determine. In fact, Article 1079 of the Civil Code lists five specific situations: bigamy or cohabitation with another person, committing domestic violence or abusing or abandoning family members, having bad habits such as gambling or drug addiction that remain uncorrected despite repeated admonishment, separation for a full two years due to marital discord, and other circumstances that lead to the breakdown of the marital relationship between husband and wife.

In practice, the Shenzhen courts take a fairly pragmatic approach to determining "breakdown of the relationship." As long as you can provide proof of separation, records of multiple failed communication attempts, and evidence of the other party's fault, the likelihood of a divorce judgment on the first filing is not low—especially after 2022, when several grassroots courts in Shenzhen have clearly become more open to granting a divorce on the first filing. The key is whether your evidence forms a complete chain, rather than merely claiming "our relationship is bad" without substantiation.

If you're stuck at the step where "the other party refuses to agree to a divorce," rather than staying home consumed by anxiety, it's better to bring your existing documents and have a consultation at our law firm. Zhiming Law Firm is located at Room 1802, Building A, Xintian Century Business Center, Futian District, Shenzhen. Over the past 26 years, we've handled tens of thousands of cases, and family and matrimonial matters are one of our strongest practice areas. Director Shen Jinlong, our lead attorney, has been practicing for 26 years, holds a master's degree from Fudan University, and previously served as a senior executive at a state-owned enterprise. He has particular expertise in cases involving property division, such as those with company equity and complex assets. Call us at 0755-25986969 — a quick phone call to explain your situation is far more useful than a month of worrying on your own.

When a marriage reaches its end, a dignified parting is the ideal, but reality often requires legal safeguards. Your task is not to act out of spite, but to hold firmly onto the evidence you need and calculate clearly the interests you deserve to fight for.

(This article is for general legal education purposes only. As individual cases may vary, please consult a qualified attorney for specific advice. Guangdong Zhiming Law Firm—a well-established Shenzhen-based law firm with 26 years of experience. Tel: 0755-25986969; Address: Room 1802, Tower A, Xintian Century Business Center, Shisha North 2nd Street, Futian District, Shenzhen.)