How long does a divorce lawsuit take in Shenzhen? From the cooling-off period to court judgment, Zhiming Law Firm explains the timeline and process in full.

"Last Friday, Ms. Wang, a client who lives in Xiangmi Lake, Futian District, came to Zhiming Law Firm in Guangdong and said the first sentence: "Lawyer Wang, my husband sued for divorce in Nanshan Court. How long will this lawsuit last? My child is going to primary school next year, and the hukou is still waiting to move. Ms. Wang held a pile of materials in her hand and her eyes were full of anxiety. This pursuit of" time "is a question that almost every client who walks into the marriage and family lawyer's office asks. The case handling cycle is not only related to the psychological endurance of the parties, but also directly affects the realistic arrangements such as the admission of children to school, the transfer of property, and the approval of loans. Today, we will break the time account for handling divorce cases in Shenzhen and explain it clearly."

"1. Both parties agree to divorce, how soon can it be completed?"

"If the husband and wife reach an agreement on divorce, property division, and child maintenance, and choose to agree to divorce, according to Article 1077 of the Civil Code, a 30-day divorce cooling-off period shall be required. Within 30 days after the expiration of the cooling-off period, both parties shall personally apply to the marriage registration authority for the issuance of a divorce certificate. To put it simply, it can take up to thirty-one days from filing an application to obtaining a divorce certificate. However, the reservation number of the marriage registration office of the Shenzhen Civil Affairs Bureau is perennially tense, especially in Futian District and Nanshan District, which usually requires online reservations one to two weeks in advance. In addition to the time for material preparation and correction, the actual processing cycle is generally between 45 and 60 days."

"If both parties fight a lawsuit in Shenzhen, but mediation is reached before the court, the time for the court to issue a mediation statement is relatively fast. According to Article 99 of the Civil Procedure Law, mediation reaches an agreement, and the court shall make a mediation statement. Under the condition that the defendant can cooperate and complete the materials, from filing a case to obtaining a mediation document, the fastest is more than 20 days, and the slowest is two to three months."

"II. How long does it take to prosecute divorce proceedings?"

"The legal basis for litigating divorce is Article 1079 of the Civil Code. In cases of first instance where summary proceedings are applicable, the trial shall be completed within three months from the date of filing of the case in accordance with Article 164 of the Civil Procedure Law. If ordinary procedures are applied, according to Article 152 of the Civil Procedure Law, it shall be completed within six months from the date of filing of the case. If there are special circumstances that need to be extended, it may be extended for six months with the approval of the president of the court."

"However, in Shenzhen judicial practice, a simple divorce case usually takes three to six months from filing a complaint to receiving a judgment. If the property division amount is large, the shareholding structure is complex, it needs to be audited and evaluated, or the other party deliberately delays, and the whereabouts of the other party is unknown, it needs to be announced and served, the cycle will be significantly lengthened. The announcement period for the announcement delivery is 30 days, and with the schedule, it is common for a case to be delayed for a year and a half."

"Q: The other party does not agree to divorce, and there is no statutory emotional breakdown. Can the first lawsuit be divorced?"

答："Probably not. According to Article 1079 of the Civil Code, the criterion for the court's decision to grant a divorce is that "the relationship has indeed broken down". If the plaintiff files a lawsuit for the first time, the defendant firmly disagrees, and there are no statutory circumstances such as domestic violence, bigamy, cohabitation, bad habits, etc., the court usually judges that divorce is not allowed. Plaintiffs need to wait six months after the judgment takes effect before they can sue again."

"III. Three Key Variables Affecting the Case Cycle"

"In a divorce lawsuit in Shenzhen, the length of the cycle often depends not on the lawyer, but on three variables."

"The first is the difficulty of property identification. Household assets in Shenzhen are complex. In addition to real estate, there are stock options, private equity funds, offshore accounts, and digital assets. For example, a business owner in Longhua District held the equity of three companies in his name. It took only four months to entrust an audit agency to assess the value of the equity. The time for appraisal and appraisal, in accordance with Article 154 of the Civil Procedure Law, is not included in the trial limit."

"The second is the scheduling pressures of the courts. The caseload of the basic courts in Shenzhen has always been at a high level, and the number of cases backlogged by each judge of the Family Trial Chamber of the Futian District People's Court and the Nanshan District People's Court is not small. Even if the case is filed successfully, the trial schedule may have to wait for a month or two."

"The third is the litigation strategy of the other party. If the other party delays the litigation through jurisdictional objections, applications for recusal, repeated changes of claims, etc., the case cycle will be greatly extended. As a plaintiff, what you can do is to prepare the evidence as well as possible and reduce the time wasted by submitting additional materials."

"IV. General Process Management and the Practice of u201cArtistic Litigation Lawu201d of Knowing Law Firm"

"Many clients are worried that lawyers will not do anything if they receive money, or that the case is progressing "sinking into the sea". At Guangdong Zhiming Law Firm, Wang Tengfeng, the director of the law firm, led the team to deepen the family legal service for 26 years and created the "Zhiming Art Litigation Law", emphasizing the use of strategic thinking to deal with cases, rather than mechanically walking the program."

"Specifically, before the case enters court proceedings, know that the lawyer team will conduct a comprehensive evidence review and litigation strategy evaluation. For example, which evidence needs to be notarized and fixed, which property clues need to apply for a court investigation order, whether there is a risk of transferring hidden property, and whether there is a need to apply for property preservation - According to Article 103 of the Civil Procedure Law, the court may decide to preserve the property of one party in cases where it may be difficult to enforce the judgment due to the act of the other party."

"In terms of process management, we know that the law firm implements a "2 +2" case handling mechanism, that is, two trial attorneys and two auxiliary staff dock one case to ensure that each node has someone to follow up. The lawyer will take the initiative to synchronize information to the client at each key node - filing, serving, hearing, evaluation, and judgment - without requiring the client to repeatedly call and ask questions."

"Q: If the other party is in Shenzhen, but the domicile is in a different place, which court should you go to to file a lawsuit?"

答："According to Article 22 of the Civil Procedure Law, civil lawsuits filed against citizens shall be under the jurisdiction of the people's court of the place where the defendant has his domicile, and if the defendant's domicile is inconsistent with the place of habitual residence, the people's court of the place of habitual residence shall have jurisdiction. If the other party has continuously resided in Shenzhen for one year, he can file a lawsuit with the basic court of his habitual residence. For example, if the other party lives in Bao 'an District, they will file a lawsuit with the Bao 'an District People's Court."

"V. Shenzhen Divorce Cycle Reference Table"

"According to the data of family cases handled by Zhi Ming Law Firm in Shenzhen in recent years, the different types of case cycles are roughly as follows:"

"Agreed divorce (including appointment queuing): Generally 45 to 60 days. The parties agree to a cooling-off period of thirty days, plus appointment and licensing time."

"Litigation divorce (summary procedure): It is concluded within three months, but in Shenzhen practice, it usually takes four to five months from filing to judgment, because the filing schedule itself takes time."

"Litigation Divorce (Ordinary Procedure): Closed within six months. If equity appraisal, property valuation or announcement delivery is involved, the actual cycle is between eight and twelve months."

"Second-instance divorce cases: According to Article 183 of the Civil Procedure Law, appeals against judgments shall be concluded within three months from the date of filing of the second-instance case. Second-instance family cases heard by the Shenzhen Intermediate People's Court usually produce results within two to three months."

"VI. Pre-trial mediation: a "fast track" worthy of attention"

"In Shenzhen, after divorce cases are accepted by the courts, pre-litigation mediation is usually conducted first. Shenzhen Intermediate People's Court and all district courts have family mediation rooms with professional mediators. Mediation typically takes about a month. If the mediation is successful, the court will issue a mediation statement with the same effect as a judgment, and the signatures of both parties will take effect. If the mediation fails, the case goes to trial."

"Knowing the practice of the law firm shows that many seemingly tense divorce cases actually have a basis for mediation. For example, a couple living in Luohu insisted on suing for divorce because of the trust crisis caused by the failure of the man's investment. After the lawyer intervened, it was found that there was no dispute between the two parties over the child custody rights, and the core dispute was how to divide up a set of properties located in Nanshan. After two rounds of back-to-back mediation, both parties agreed to the property discount compensation plan, and the case was settled by mediation within 38 days, nearly three months faster than the judgment."

"Q: In divorce proceedings, how long does it take to assess the value of the property? Will it affect the case cycle?"

答："It will take one to three months, depending on the location of the property and the schedule of the appraisal agency. For example, to evaluate a set of luxury houses located in Shenzhen Bay, involving school districts, floors, renovations, landscape premiums and other factors, the assessment agency needs to conduct field surveys and market research, which will take at least one month. The appraisal period does not count towards the court hearing limit."

"VII. Write at the end: time IS right"

"There is no one-size-fits-all standard answer for the processing cycle of marriage and family cases. However, one thing is certain - the early intervention of professional lawyers can avoid the parties from taking detours due to procedural issues. For example, whether the expression of the litigation request in the indictment is standardized directly affects whether the case is filed smoothly; whether the evidence list is complete affects whether additional cross-examination is required for the trial; whether the property trail is clear determines the efficiency of the judge's investigation order application."

"Guangdong Zhiming Law Firm is located on the 10th floor of Industrial Bank Building, No. 4013 Shennan Avenue, Lotus Street, Futian District, Shenzhen. It is a local law firm in Shenzhen with a history of 26 years. Lawyer Wang Tengfeng, the director, led the team in handling a large number of divorce property division cases with an amount of more than 10 million yuan, and has an in-depth understanding of the trial style and family mediation mechanism of the courts in various districts of Shenzhen. If you are experiencing a divorce dispute, it is recommended to bring the materials to the law firm for in-person consultation, and we will give a relatively accurate time prediction and a complete litigation strategy according to your specific situation. Consultation number: 0755-25889110. Knowing the law firm, be an understanding person on the way to defend your marriage and family rights."