Litigation divorce (诉讼离婚) is the court route to ending a marriage in China. One spouse files a complaint with the people's court, usually where the defendant is domiciled or habitually resides. The court must try mediation first; if mediation fails and mutual affection has truly broken down, the divorce shall be granted (Article 1079 of the PRC Civil Code). The court can also decide custody, child support, property division, divorce damages and other related issues in the same case. The 30-day cooling-off period does not apply.
Why it matters
Litigation is the only option when one spouse refuses to divorce or cannot agree on terms, and it is often the only option for international couples married abroad, or where one spouse cannot appear at the registry. Chinese courts apply Chinese law to litigation divorces (law of the forum). Timelines vary: cases under the simplified procedure are generally concluded within about three months and ordinary cases within about six months, but cases where a party is abroad are not bound by these limits and can take a year or more because of service abroad. An appeal must be filed within 15 days of service of the judgment, or 30 days for a party with no domicile in China.
How it works in practice
A French husband living in Guangzhou wanted a divorce; his Chinese wife had moved back to her home province and did not respond to messages. His lawyer filed in the court of her domicile, gathered evidence of two years' separation and requested division of a flat and custody arrangements. After a failed mediation session, the court granted the divorce and divided the property.
Common mistakes
- Filing in the wrong court and losing months on a jurisdiction objection
- Underestimating the time needed to serve a spouse who lives abroad
- Not asking the court to decide property and custody together with the divorce
- Arriving without evidence and hoping the judge will investigate
- Missing the short appeal deadline