The other party disagrees to the divorce—how long will the lawsuit actually take in Shenzhen? A Futian lawyer breaks down 4 real questions.

Last Wednesday afternoon, in the meeting room of Room 1802, Tower A, Xintian Century Business Center, Futian District, Ms. Chen came to see us for the third time. She was clutching her phone, and on the screen was the last message her husband had sent: "Don't even think about it. Even if I have to drag this out, I'll drag you down with me." Married for 11 years, the apartment in Nanshan had risen from 4.8 million to nearly 9 million, their child was 9 years old, and she truly could not endure it any longer. But the other party's answer was just two words: no divorce. The first thing she asked me was: "Lawyer Shen, if he doesn't agree, does that mean I can't get a divorce?"

Our marriage and family team has to answer this question several times almost every week. Shenzhen registers about 50,000 divorces each year, but the cases that actually end up in court are often stuck on the hurdle of "one party refusing to agree no matter what." Today I will explain clearly, in plain language, the four questions clients ask most often.

Q1: If the other party does not agree, can the court grant a divorce on the first attempt?

To be honest, not necessarily. The core criterion for a court to deny a divorce is just one thing—whether the couple's affection is truly broken. Article 1079 of the Civil Code clearly lists bigamy, domestic violence, repeated gambling without reform, and two years of separation as grounds for divorce if mediation fails. But if you don't have hard evidence of this kind, and the other party states in court that "the affection is still there and they are willing to repair it," the judge will most likely give one chance the first time and deny the divorce.

This isn't the judge trying to smooth things over. Shenzhen's grassroots courts handle a huge caseload, so judges tend to be cautious about granting a divorce on the first filing. But note: a ruling against divorce doesn't mean you've wasted your time. Once the judgment takes effect, you start living apart, and after a full year, if you file again, the court should grant the divorce. Put simply, the first filing is more like a legal move to "lock in the separation date."

Q2: So how long does it actually take? Is there a faster way?

The usual timeline goes like this: from filing the case to the first hearing, in courts with heavy caseloads like Futian and Nanshan, it generally takes one to three months; after a ruling denying divorce, you have to wait six months before you can file again, and adding the trial period, the whole process takes about 12 to 18 months. This is the empirical range we've summed up from handling so many cases, not something fixed in the letter of the law.

However, the speed varies greatly. In a case we handled last year, the woman was in Longhua, and the man worked in Futian. They had been separated for nearly two years, and their assets consisted of just a small property-rights house and some savings. We didn't take the route of a hard court ruling. Instead, we first sent a lawyer's letter laying out the asset clues, then arranged for both parties to come to our office for mediation. From filing the case to obtaining the mediation agreement, it took 3 months. The woman got the right to live in and use the Longhua house and custody of the child, while the man pays child support monthly. Why was it so fast? Because the other side realized that dragging it out wouldn't do him any good—continuing to pay the mortgage on the house would put even more pressure on him.

Settling through mediation is often faster than going to judgment—that's the truth. But the prerequisite is that the lawyer has to run the numbers clearly and make the other side feel that "signing is more worthwhile than dragging it out."

Q3: Property and custody—which should be secured first?

In Shenzhen divorce litigation, 70% of disputes revolve around real estate. The average disputed amount falls in the range of 3 million to 8 million yuan, with a single property accounting for the bulk of it. My advice is: secure the assets first, then discuss the relationship.

Why? Because once the other party senses you want a divorce, they may transfer savings, put the house on the market, or even move money to their parents' account—all of these moves have shown up in cases in Nanshan and Futian. So the first step is to file for property preservation at the same time as the lawsuit, freezing the house and accounts. As for custody, the court looks at "which parent can better support the child's growth," not who has more money. For children over eight, the judge will ask the child's preference separately. The records you have of pick-ups and drop-offs, parent-teacher meetings, and doctor visits are far more useful than crying in court.

Q4: Is hiring a lawyer really worth it?

I'll be straightforward about this. If the two of you can sit down and reach an agreement, and your assets are simple with no children involved, just write up the agreement yourselves and handle it at the civil affairs bureau—no need to spend the money. But as soon as it involves dividing real estate, signs that the other party is moving assets around, or a hard-fought custody battle, that's where a lawyer earns their keep—not to argue on your behalf, but to help you sort out the chain of evidence and trace the assets, and to cut down the time cost.

Guangdong Zhiming Law Firm has been rooted in Shenzhen for 26 years, handling over 10,000 cases in total. Its marriage and family team is quite familiar with the trial pace and mediation standards of the courts in Futian, Nanshan, and Longhua. Director Shen Jinlong holds a master's degree from Fudan University and is a senior economist. He has served as an executive in a state-owned enterprise, so he takes a somewhat different perspective on issues like the commingling of company equity and family assets. If you're unsure about anything, you can call 0755-25986969 directly to ask. Even if it's just to figure out what materials you should prepare first, that's better than sitting around doing nothing.

To be honest, a divorce lawsuit is about evidence and timing, not emotions. It's not scary that the other party disagrees; what's scary is rushing into court without any preparation. First, sort through your financial leads, evidence of separation, and records of daily child care, then decide whether to negotiate or litigate. The path will be much clearer.