A contested divorce in China is decided by a people's court when one spouse will not agree to divorce, or the spouses cannot agree on children or property. The court first tries mediation; if that fails and it finds that mutual affection has truly broken down, it grants the divorce under Article 1079 of the Civil Code. Many first petitions without clear evidence of a statutory ground are refused, so preparation matters.
This article explains, as of 2026, what to expect from filing to judgment, and how to give your case the best chance of a fair outcome. Nothing here guarantees a result: every judge and every family is different.
When do you need a contested divorce in China?
You will generally need a litigation divorce (诉讼离婚) if:
- Your spouse refuses to divorce, or refuses to attend the marriage registry.
- You agree to divorce but not on custody, child support, property or debts.
- Your marriage was registered abroad, so the registry route is not available.
- Your spouse lives abroad, cannot be found, or will not engage.
- There is domestic violence and you do not want to negotiate face to face.
The contested divorce process step by step
| Stage | What happens | Typical timing |
|---|---|---|
| Filing | Petition, evidence and identity documents submitted to the court with jurisdiction; filing fee paid | Days to a few weeks |
| Service | Court serves the petition on the defendant, who has time to respond | Weeks domestically; months if abroad |
| Pre-trial mediation | Many courts attempt mediation before the hearing | Varies |
| Hearing | Evidence exchanged, cross-examination, arguments, mediation again | Usually one hearing, sometimes more |
| Judgment | Written judgment or mediation document | Generally within 3 months (simplified) or 6 months (ordinary) |
| Appeal | Either party may appeal | 15 days after service (30 days if no domicile in China) |
Filing the petition
You file where the defendant is domiciled or habitually resident, with some exceptions, such as where the defendant is abroad. The petition sets out what you ask for: divorce, custody, child support, property division and, where relevant, damages. Divorce filing fees are modest, typically RMB 50 to 300, plus a percentage for property in dispute above RMB 200,000.
Mediation first
Court mediation is a mandatory part of divorce proceedings. The judge will ask whether reconciliation is possible and whether the spouses can agree terms. A mediation document signed by both parties has the same force as a judgment and cannot be appealed, so read it carefully before signing.
The hearing
Divorce hearings are generally not public where privacy is involved. Expect the judge to ask direct, practical questions: when you separated, why the relationship broke down, who cares for the children day to day, what property exists and who paid for it. Parties are often expected to attend in person, or at least to state their wishes about the divorce, even if represented.
Why Chinese courts often refuse the first divorce petition
The legal test is whether mutual affection has truly broken down. The Civil Code says divorce shall be granted where mediation fails and, for example:
- A spouse committed bigamy or is cohabiting with another person.
- There is domestic violence, maltreatment or desertion.
- A spouse has a gambling or drug habit that remains uncorrected despite repeated admonition.
- The spouses have been separated for two years because of discord.
- Other circumstances cause a breakdown of mutual affection.
Where none of these is clearly proven and the other spouse insists the marriage can be saved, courts often refuse the first petition. This is a common experience, not a sign that your case is hopeless.
The six-month and one-year rules
- After a judgment refusing divorce, the plaintiff generally cannot re-file within six months unless there are new circumstances or reasons.
- If, after that refusal, the spouses live apart for a further one year and one files again, divorce shall be granted.
The defendant is not restricted in the same way. Separately, under Article 1082, a husband may not file during the wife's pregnancy, within one year after delivery, or within six months after termination of pregnancy, unless the wife files or the court considers it necessary.
Evidence that matters in a contested divorce
| Issue | Useful evidence |
|---|---|
| Breakdown of the relationship | Proof of separate residence (leases, utility bills), messages, prior refused judgment |
| Domestic violence | Police records, warning letters, medical records, photos, protection orders |
| Affair or cohabitation | Lawfully obtained evidence of living together; be careful about privacy laws |
| Custody | Who handled school, health and daily care; child's own wishes if aged 8 or over |
| Property | Property certificates, bank statements, company registration records, pay slips |
Evidence gathered illegally, for example by breaking into accounts, may be excluded and can expose you to liability. Ask a lawyer before collecting sensitive material.
Property, custody and damages in contested cases
The court will decide what the spouses cannot agree. Community property is generally divided equally, adjusted for the children's interests, the wife's interests and the no-fault party. A spouse who hides, transfers or destroys community property, or fabricates debts, may receive a smaller share or none (Article 1092). A no-fault spouse may claim divorce damages in cases such as bigamy, cohabitation or domestic violence. For custody principles, see how Chinese courts decide child custody.
How long does a contested divorce take?
Domestic cases under the simplified procedure are generally concluded within three months, and ordinary procedure cases within six months, with extensions possible. If a party lives abroad, those limits do not apply and cases often take 12 months or more because of international service. Where no address is known, service by publication adds a 60-day period for a party with no domicile in China (30 days in domestic cases). A refused first petition can add six months to a year or more to the overall journey.
How to prepare
- Get advice before you file, not after the first hearing.
- Build a clear timeline of the marriage and separation.
- Collect financial documents early, before they become harder to obtain.
- Consider whether a protection order is needed first.
- Think about the children's routine and propose a realistic parenting plan.
- Stay calm and consistent in court. Judges notice.
Our contested divorce litigation team prepares clients for each of these steps.
Key takeaways
- A contested divorce in China begins with mediation and ends with a judgment or mediation document.
- The test is whether mutual affection has truly broken down; evidence of statutory grounds is key.
- First petitions without clear grounds are often refused; after refusal, a further year of separation generally leads to divorce.
- Domestic cases generally take three to six months; cases involving service abroad often take a year or more.
- Mediation documents are final, so review them carefully before signing.
If you are facing a contested divorce, book a free, confidential consultation to discuss your strategy.