The Other Party Refuses to Divorce and Has Dragged It Out for Nearly a Year? A Complete Breakdown of the Litigation Divorce Process in Shenzhen—How to Fight for Real Estate and Child Custody

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?"

Cases where one party wants a divorce while the other stalls indefinitely make up a significant share of divorce litigation in Shenzhen. Each year, about 50,000 couples register for divorce in Shenzhen, and a considerable number of them cannot reach an agreement at the civil affairs bureau, leaving court as the only option. In divorce litigation, 70% of cases involve property division, with the average disputed amount ranging from 3 million to 8 million yuan. A single apartment in Nanshan or Futian is often the core of the entire case. Put plainly, when the other side stalls the divorce, what they are stalling is not the relationship but the bargaining chips of property and children.

What exactly 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 refuses to sign, litigation is the only option. The law provides a flexible timeframe for divorce litigation: three months for summary procedure and six months for ordinary procedure. But this is the "trial time limit," not the "case closure time." The caseloads vary across Shenzhen's district courts, and scheduling for family cases differs in places like Futian, Nanshan, and Longhua. If the other party firmly refuses to divorce during the first filing, the court will most likely not grant the divorce, and you will have to wait six months before filing a second time.

This is where many people get stuck: the first lawsuit gets dismissed, then they wait another six months, and just like that, more than a year is gone. The longest case I've seen took 11 months just to get to the first hearing.

When it comes to property and custody, what exactly does the court look at?

In property division, the court's core logic is not "whose name is on the deed," but "who paid the money, when it was paid, and whose name it is registered under." For a house where one party made the down payment before marriage and the couple jointly repaid the mortgage after marriage, Shenzhen courts usually award the house to the registered owner, but the other party must be compensated for the jointly repaid portion and the corresponding appreciation. For a 6 million yuan house in Nanshan, the compensation could come to between 800,000 and 1.5 million yuan, depending on the number of years of repayment and the appreciation rate.

Regarding custody, the Shenzhen courts' adjudication trend in 2026 is very clear: children under two years old go with the mother in principle; for those between two and eight, it depends on whose actual caregiving conditions are more stable; for those over eight, the judge will ask the child's wishes separately. Financial conditions are not the only criterion—who picks them up from school, who helps with homework, who communicates more with teachers—these daily details are more persuasive in court than proof of income.

Article 1084 of the Civil Code clearly states that after a divorce, children under the age of two shall, as a rule, be directly raised by the mother. For children over the age of two, if the parents cannot agree on custody, the court shall make a judgment based on the specific circumstances of both parties and in accordance with the principle of what is in the best interests of 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:

First, we obtained the bank statements from a Shenzhen Rural Commercial Bank account under the other party's name and found a transfer of 470,000 yuan to his younger brother three months before the lawsuit was filed, which directly confirmed the transfer of assets. Second, we compiled the child's vaccination records, kindergarten payment receipts, and extracurricular class attendance sheets into a booklet to prove that Ms. Li has been the primary caregiver for over two years. Third, we applied for a court investigation order and clarified the actual funding situation for a small property rights house in Longhua under the other party's name.

Once these three steps were completed, the opposing lawyer took the initiative to reach out for mediation. In the end, the case was settled through mediation within three months. Ms. Li obtained full ownership of the Futian property and custody of her daughter, and the other party waived the right to appeal. The key comes down to one word: evidence. The judge won't investigate how much money the other party has on your behalf—you have to lay the clues out in front of him.

Practical advice for litigated divorce.

If you're facing a situation where the other party won't agree to a divorce, don't rush to file a lawsuit. Take a week to do three things: photograph and archive the property deed, purchase contract, and loan statements; organize receipts and chat records of your child's daily expenses; and recall whether the other party has made large transfers or suddenly sold a car or property. You may not end up using all of these materials, but once your lawyer has them, they'll know where to find the breakthrough.

In addition, courts in Shenzhen are placing increasing emphasis on mediation procedures in divorce cases. Data from the Longhua Court in 2026 shows that the mediation success rate for family cases is around 40 percent. Mediation is not about making concessions; it is a path to getting results quickly. The premise is that you have enough leverage in your hands.

If you're not sure whether to settle or file a lawsuit, you can bring your documents to Room 1802, Tower A, Xintian Century Business Center, Shixia North 2nd Street, Futian District, and let the Zhiming Marriage and Family Team evaluate your case. A 26-year-established law firm with over 10,000 cases handled, led by Director Shen Jinlong (Master's degree from Fudan University, Senior Economist, 26 years of practice). Phone: 0755-25986969. Let's talk it through before you decide—we won't waste your time.

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