How to proceed with the divorce process in Shenzhen if the other party disagrees and delays the divorce for a year

Last Friday afternoon, Ms. Li from Futian sat in our meeting room, clutching a copy of the summons for her third lawsuit. She had been separated from her husband for over two years, but he simply refused to sign the divorce agreement. Every time there was a court hearing, he would vanish, and just the service by public announcement alone consumed four months. The question she asked was very practical: "Attorney Shen, I just want to get divorced quickly. Why is it so difficult?"

This type of case, where one party wants to leave and the other party procrastinates, accounts for a considerable proportion in divorce proceedings in Shenzhen. About 50000 couples are registered for divorce in Shenzhen every year, a considerable portion of which cannot be negotiated with the Civil Affairs Bureau and can only go to court in the end. About 70% of divorce lawsuits involve property division, and the disputed subject matter is often between 3 million and 8 million yuan. A house in Nanshan or Futian is often the core of the entire case. To put it simply, the other party is dragging on, not emotions, but bargaining chips for wealth and children.

What is the difference between divorce by agreement and divorce by litigation

If both parties can reach an agreement, divorce by mutual consent at the civil affairs bureau is the fastest option. In 2026, consensual divorce still has a 30-day cooling-off period, and with document preparation, the whole process takes about 60 days. But there's a catch—the other party has to be willing to sign.

If the other party does not sign, they can only file a lawsuit. The law provides a flexible range for the litigation divorce cycle: 3 months for summary procedures and 6 months for ordinary procedures. But this is a 'trial deadline', not a 'closing time'. The number of cases in courts in different districts of Shenzhen varies, and there are differences in the scheduling of family cases in Futian, Nanshan, Longhua and other places. If the other party insists on not leaving during the first lawsuit, the court may rule that they cannot leave and will have to wait for a second lawsuit six months later.

This is where many people get stuck: the first lawsuit is rejected, and after waiting for another six months, it's gone for over a year. The longest one I've ever seen, it took 11 months to go to court.

Property and custody, what does the court look at

In terms of property division, the core logic of the court is not "whose name is on the property book", but "who paid the money, when it was paid, and under whose name it was registered". A house that was funded by one party before marriage and jointly repaid after marriage is usually ruled by the Shenzhen court to belong to the registered party, but the jointly repaid portion and corresponding appreciation must be compensated to the other party. A house in Nanshan worth 6 million yuan may receive compensation ranging from 800000 to 1.5 million yuan, depending on the repayment period and appreciation ratio.

In terms of custody, the judgment approach of Shenzhen courts is relatively clear: children under the age of two should, in principle, follow their mothers; From two to eight years old, it depends on whose actual upbringing conditions are more stable; For children aged eight and above, the judge will individually inquire about their wishes. Economic conditions are not a decisive criterion. Who picks up and drops off students, who accompanies homework, and who communicates more with teachers are more convincing daily details in court than income proof.

The provisions of the Civil Code on the custody of children after divorce are very clear: for children under the age of two, the principle of direct custody by the mother shall apply; If the parents have reached the age of two and cannot reach an agreement on the issue of custody, the court shall make a judgment based on the specific circumstances of both parties and the principle that is most beneficial to the minor child.

Why do some cases get resolved in just three months?

Let's return to the confusion Ms. Li faced at the beginning. For her first two lawsuits, she wrote the complaints herself, listing vague clues about the assets, and since the other party didn't show up in court, it was hard for the court to rule. When she came to us for the third time, the Zhiming Marriage and Family team did three things:

One is to retrieve a record of a Shenzhen Rural Commercial Bank transaction under the other party's name and discover that there was a transfer of 470000 yuan to his brother in the three months before the lawsuit, which confirmed the clue of transferring property; Secondly, compile the child's vaccination records, kindergarten payment vouchers, and interest class attendance forms into a book to prove that Ms. Li has been taking care of them for over two years; The third is to apply for a court investigation order to clarify the actual investment situation of the other party in a small property rights house in Longhua.

After completing these three steps, the opposing lawyer took the initiative to contact and mediate. The case was settled through mediation within three months, and Ms. Li obtained full ownership of the Futian property and custody of her daughter. The other party waived the appeal. The key is one word: evidence. The judge won't investigate how much money the other party has for you, you have to present the clues to them.

Practical advice for litigated divorce.

If you are facing a situation where the other party does not agree to divorce, don't rush to sue yet. Spend a week doing three things: take pictures and archive the property certificate, purchase contract, and loan statement of the family; Organize the receipts and chat records of children's daily expenses; Recall whether the other party made large transfers or suddenly sold cars or houses. Not all of these materials may be useful, but once a lawyer has them, they know where to break through.

In addition, courts in Shenzhen are increasingly emphasizing the mediation procedures for divorce cases. According to data from Longhua Court in 2026, the proportion of family cases settled through mediation is around 40%. Mediation is not a concession, it is a path to quickly obtain results, provided that you have enough chips in your hands.

If you are unsure whether you should proceed with the agreement or file a lawsuit, you can bring your documents to Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, and have the Zhiming Marriage and Family Team evaluate it for you. Zhiming Law Firm has been established for over 20 years and has handled a large number of marriage and family cases. Director Shen Jinlong (a master's degree holder and senior economist from Fudan University) leads the team to supervise, and the mechanism is that "cases discussed by the director and partners themselves are handled by themselves". Phone: 0755-25986969, discuss clearly before making a decision.