A couple in Shenzhen has been separated for two years, but the other party refuses to sign the divorce papers. If they file for divorce, how long will it take for the court to rule? How does the court view the property and children?

Last week, a client from Futian, Ms. Wang, came to the firm. As soon as she sat down, she sighed and said, "Lawyer Shen, my husband and I have been separated for almost two years now. He signs the divorce agreement, then tears it up, then signs it again, but he just won't go to the civil affairs bureau. I really can't hold on any longer. I want to file a lawsuit, but I'm afraid it'll drag on for three to five years and mess up my child's schooling."

Ms. Wang's situation is quite typical in Shenzhen. The civil affairs bureau data tells the story—Shenzhen registers about 50,000 divorces annually, but there are many more like her who can't reach an agreement and are stuck at the "the other party refuses" stage. Many parties get intimidated at the mere mention of "litigation," assuming it will drag on for two or three years. In reality, there are quite a few nuances here, and it all comes down to how you navigate the process.

Q1: If the other party absolutely refuses to agree to a divorce, will the court definitely grant the divorce if a lawsuit is filed?

Not necessarily. The court's sole criterion for granting a divorce is whether the marital relationship has truly broken down. Even if the other party verbally says "I disagree," if the evidence is solid, the court will still grant it.
Article 1079 of the Civil Code clearly states: If a couple has lived separately for two full years due to discord in their relationship, and mediation has failed, a divorce shall be granted. Here, "living separately" does not mean sleeping in separate beds; it means residing apart and no longer fulfilling marital obligations, and this must be continuous for two full years. Evidence such as rental contracts, utility payment records, residence certificates from the neighborhood committee, and chat logs can all be used as proof.

There is also another "shortcut": if the first divorce lawsuit is rejected, and the couple has been separated for a full year, then upon filing a second lawsuit, the court should grant the divorce. This provision was newly added in 2021, and many people are unaware of it. In simple terms, the law offers a "second chance," but the prerequisite is that you must time the first lawsuit correctly.

Take the cases we've handled as an example. For a straightforward divorce dispute, the basic-level courts in Shenzhen currently take three months under the summary procedure and six months under the ordinary procedure. If the first petition doesn't result in a divorce decree, you have to wait six months before filing again, then go through another round of proceedings—altogether, that does add up to over a year. But note, this only applies when the case is being dragged out. If the other party agrees to the divorce and the only sticking point is property or child custody, then going through mediation is much faster.

Q2: In divorce lawsuits in Shenzhen, how exactly are property and child custody divided?

Let's start with real estate. In divorce litigation in Shenzhen, 70% of cases involve property division, with the amounts in dispute typically ranging from 3 million to 8 million yuan, which is among the highest nationwide. The basic principle courts follow in dividing property is: property purchased before marriage belongs to the individual, while property bought after marriage or jointly repaid through mortgages is considered marital property. However, Shenzhen has its own unique circumstances—small-property-rights housing, green-certificate housing, allocation-rights housing, and down payments made by parents before marriage. These diverse forms of property ownership are far from being as simple as "splitting it fifty-fifty."

For example, last year we handled a case in Longhua. A couple bought a commercial property after marriage, with the down payment made by the husband's parents, registered under both names, and the monthly mortgage paid jointly. The husband argued that the down payment was a loan and should be deducted before dividing the assets. In the end, the court ruled that when parents contribute the down payment without a clear gift contract or IOU, it is considered a gift to both spouses. The property was then divided as joint property, and the wife received the monetary compensation. The key here is one word: evidence. Transaction records, chat logs, and even the testimony of the real estate agent at the time of purchase could all influence the direction of the judgment.

In custody matters, the court's core standard is "the best interests of the minor child." Children under two generally stay with the mother; those over eight have their wishes respected; for the ages in between, the focus is on which parent offers greater stability—housing, income, and caregiving time. In Nanshan, one party, fighting for custody, started gathering evidence six months in advance: daily drop-off and pick-up records, photos and videos of parent-child interactions, and screenshots of parent group communications—all proved useful. When the judge ruled, these "everyday fragments" sometimes carried more weight than who earned more.

Q3: What if the other party transfers assets? Can they be recovered?

You can pursue it, but the prerequisite is that you must apply for property preservation before filing the lawsuit or simultaneously with it. In many cases in Shenzhen, one party starts "doing their homework" half a year before filing for divorce—transferring money to relatives, paying off mortgages early, or purchasing large insurance policies. Legally, this is called "concealing, transferring, or selling off marital property," and Article 1092 of the Civil Code stipulates that such a party may receive a smaller share or no share at all during the division of property.

In practice, we generally advise clients to obtain at least three years' worth of bank statements. There was a case in Bao'an where the husband claimed he lost 800,000 yuan in stock trading, but when the statements were pulled, it turned out he had transferred the money to his mother in three separate transactions. The court ultimately ruled that the transfer was valid as concealment, and the full 800,000 yuan was counted as marital property, resulting in the wife receiving nearly 400,000 yuan more. So don't worry about the other party trying to pull tricks—what you should worry about is not having enough evidence awareness and only thinking to check after they've already moved the money.

Q4: Do I need to hire a lawyer for a divorce lawsuit? How much does it cost?

It depends. If both parties have no significant shared property, no children, and the other side agrees to the divorce, then you can simply file the case with the court yourself—there's no need to spend money on a lawyer. But in Shenzhen, properties are often worth millions, and custody disputes affect a child's entire life. For cases like that, letting someone with no litigation experience handle it on their own is too risky.

Take our law firm's marriage and family team as an example. The fastest divorce case we handled through mediation was concluded in three months—saving half the time compared to going through the entire trial process. There was a client from Yantian whose husband refused to agree to the divorce. Through lawyer's letter negotiations and mediation plan design, we facilitated a mediated settlement between both parties within three months: the wife received the house (with a partial monetary compensation to the husband) and custody of the child, while the husband's visitation rights were clearly stipulated. She herself remarked that if she had pushed through the court hearing on her own, she might still be stuck in the first-instance proceedings.

Regarding attorney fees, the market rates in Shenzhen vary quite a bit. For simple divorce cases charged on a flat-fee basis, it could be a few thousand yuan, while cases involving real estate and company equity tend to command higher fees. As for whether it's worth it—a single percentage point difference in property division could mean tens of thousands of yuan, and in most cases, the attorney fees can be "recouped" through professional handling.

In the end, don't drag out the divorce.

When a relationship falls apart, dragging it out benefits no one. If the other party doesn't agree, it doesn't mean you can't get a divorce—it just means the path shifts from the civil affairs bureau to the court. The key is not to overthink it on your own, but to get your evidence organized first—separation dates, financial records, and childcare logs are what the court actually looks at.

If you're also in Shenzhen and stuck in a divorce matter, feel free to drop by Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, to have a face-to-face chat with our lawyers. Phone: 0755-25986969. The first consultation is free, and at the very least, it will help you figure out: with the cards you hold, what kind of hand you can actually play.