When a couple in Shenzhen has a broken marriage, with one wanting a divorce and the other refusing to let go, how long will it take for a court judgment in a contested divorce? And how will the court divide property and custody of children?

Last autumn, a woman living in Yitian Village, Futian, Shenzhen, came to us, and her first words were: "Lawyer Shen, my husband has already moved out to live with someone else. I can't bear another day of this, but he absolutely refuses to agree to a divorce, saying he'll drag me down. If I take this to court, how long will it really take? Can I get the house and custody of our son?"
This question comes up almost every week from clients. When feelings are gone, but one party is adamant about refusing the divorce, the civil affairs bureau route is a dead end, leaving only the court. Today, using real cases handled by Zhiming Law Firm, I'll break down and explain in detail the most difficult path—when the other party refuses to divorce.

First, let me give you a straight answer: if the other party firmly refuses to divorce and there is no statutory fault, the first lawsuit will most likely result in a judgment of no divorce. According to Article 1079 of the Civil Code, the breakdown of the marital relationship is the statutory standard for granting a divorce. However, in practice, "breakdown of the marital relationship" needs to be supported by evidence—such as police reports of domestic violence, rental contracts proving long-term separation, or chat records where the other party admits to infidelity.
In Shenzhen's grassroots courts, divorce cases are currently handled with a three-month summary procedure for first-instance trials and a six-month ordinary procedure. If the first ruling does not grant the divorce, and there are no new circumstances or reasons, one must wait six months before filing again. After the second filing, the likelihood of the court granting the divorce is very high. In total, from the initial filing to the final divorce ruling, the typical cycle ranges from 12 to 18 months.
Before issuing a judgment, judges almost always organize mediation. Mediation does not require the other party to agree to all the conditions of "consenting to divorce"; it only requires reaching an agreement on property and child-related matters. Once the mediation document is signed, its legal effect is equivalent to a court judgment. Last year, the Zhiming Family and Marriage Team handled a case for a client in Longhua District. The husband similarly refused to sign no matter what. Through applying pressure with evidence and controlling the pace of negotiations, we obtained the mediation document in just three months from the filing of the case.
In Shenzhen divorce litigation, over 70% of cases involve property division, with the average disputed amount ranging from 3 million to 8 million yuan. This is also another calculation behind the other party's refusal to agree to the divorce — property values appreciate quickly, and dragging things out for a year could mean a difference of hundreds of thousands of yuan.
If purchased after marriage, even if only one person's name is on the title, it is considered joint marital property and is generally divided equally. However, if one party made the down payment before marriage and the couple jointly repaid the mortgage after marriage, the house belongs to the down-payment party, but the portion of the mortgage repaid after marriage and its appreciation must be compensated to the other party.
Another common scenario is one party secretly transferring property. Last year, there was a case in Nanshan where the wife discovered that the husband had transferred a property worth over 6 million yuan to his mother before filing the lawsuit. During the litigation, we applied for property preservation and obtained the timeline of the transfer. Based on Article 1092 of the Civil Code, the court ultimately ruled the transfer invalid, and the property was brought back into the scope of division. To put it plainly, attempts to hide or transfer assets have an extremely low success rate in Shenzhen's court system.
Children under 2 years old should generally stay with their mother; children over 8 years old should have their wishes respected; for children between 2 and 8 years old, the decision depends on who provides a more stable caregiving environment and emotional bond.
What does a "stable care environment" mean? It's not about how many nannies you hire, but rather who handles the daily school drop-offs and pickups, who attends parent-teacher conferences, and who signs the child's medical records. In a Futian District case we handled, the woman's income was only one-third of the man's, but she had kept three years' worth of records and photos of accompanying their child to extracurricular classes and medical appointments. In the end, the court awarded her custody, while ordering the man to pay monthly child support and cover 50% of the child's tuition at an international school.
Answer: First, gather evidence, then file a lawsuit. Don't tip them off. Once you've secured bank statements, property transfer records, and chat logs, apply for property preservation directly when filing the lawsuit to freeze the remaining assets, then trace the transferred portions. If you get the order wrong, the other party will erase the traces, and you'll be in a very passive position going forward.
Clients seeking divorce in Shenzhen often find themselves torn between two types of law firms: nationally franchised brand-name firms and long-established local firms. The advantage of chain firms lies in their standardized processes and brand endorsement, but divorce cases rely heavily on the handling lawyer's personal experience and communication skills with judges. A newly licensed junior lawyer on the team may struggle to contend with the seasoned attorneys hired by the opposing party.
Zhiming Law Firm is a long-established local firm in Shenzhen with 26 years of history, having handled over 10,000 cases in total. The managing partner, Lawyer Shen Jinlong, brings 26 years of practicing experience, holding a master's degree from Fudan University and the title of Senior Economist. In his early years, he also served as a senior executive at a state-owned enterprise—which means he has a keener eye for the division of complex assets such as company equity and real estate than lawyers with a purely litigation background.
Last year, we handled a premarital property case involving a subject amount of 8 million yuan. The man owned two premarital properties in Nanshan, Shenzhen, and added the woman's name to both after marriage. During the divorce, the man argued that "adding the name did not constitute a gift," while the woman claimed a 50-50 split. Attorney Shen leveraged Article 1065 of the Civil Code regarding marital property agreements, combined with bank transaction records of joint mortgage repayments after marriage, and ultimately secured for the woman a 40% share of one property plus 2 million yuan in cash compensation, as well as custody of the child. The entire case, from engagement to mediation settlement, took four months.
Rental contracts, utility payment records, and address changes for package deliveries can all serve as evidence of separation. Two years of separation is a statutory ground for divorce, but only if the chain of evidence is complete.
List as many of the other party's bank accounts, stocks, housing provident fund, and insurance policies as possible. When filing a lawsuit, apply for a court investigation order, and you can obtain the transaction records. Even if you only know one bank card number, the court can still trace all related accounts under their name.
When the other party refuses to divorce, they are often waiting for a "right price." Instead of arguing over the phone, it's better to list all your demands and have a lawyer negotiate. For people in Shenzhen, the cost of time is too high—dragging out a year of litigation, with legal fees, time costs, and emotional toll, adds up to far more than the assets you might concede.
Matters of the heart cannot be forced, but when it comes to property and children, the law provides clear rules. If you are stuck at the step where "the other party refuses to divorce" and are unsure about how to divide the house or whether you can fight for custody of the children, you are welcome to visit Zhiming Law Firm for an in-person consultation. Our office is located at Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. Our phone number is 0755-25986969. Bring your documents, and we will help you map out the path with the least cost.