China Divorce Lawyers

China divorce lawyers who explain every step

Ending a marriage is hard enough without also trying to work out an unfamiliar legal system. If you are looking for a divorce lawyer in China, you probably want three things: a clear picture of your options, an honest view of the risks, and someone who will handle the process calmly while you focus on your family. Choi & Huang has advised on family matters since 1997 from our offices in Shenzhen and Guangzhou, and our bilingual team works with mainland Chinese clients, Hong Kong residents, overseas Chinese and foreign nationals alike.

This page gives an overview of how divorce in China works as of 2026 under the PRC Civil Code (Book V, "Marriage and Family"). Each topic links to a more detailed page if you want to go deeper.

The two routes to divorce in China

Chinese law offers two ways to end a marriage. Which one is open to you depends on whether you and your spouse agree, where you married, and whether you can both attend in person.

1. Divorce by agreement at the marriage registry

A divorce by agreement (协议离婚) is handled by the Civil Affairs Bureau marriage registry rather than a court. Both spouses must appear in person with a signed written divorce agreement covering the children, property and debts.

• A 30-day cooling-off period starts when you file. Either spouse may withdraw during that time.
• After the 30 days end, both spouses must return in person within the following 30 days to collect the divorce certificate. If you do not, the application is treated as withdrawn.
• Registry divorce is generally available only where the marriage was registered in mainland China. Foreign-related registry divorces are handled at designated registries.

Read more on our uncontested divorce page.

2. Litigation divorce in the People's Court

If you cannot agree, or registry divorce is not available (for example, you married abroad or your spouse will not or cannot attend), you file a litigation divorce (诉讼离婚). The court will first try mediation. Under Article 1079 of the Civil Code, a divorce shall be granted if mediation fails and mutual affection has truly broken down. The law gives examples of when this is the case:

• bigamy, or cohabiting with another person
• domestic violence, maltreatment or desertion
• gambling or drug addiction not corrected despite repeated admonition
• separation for two years because of discord
• other circumstances causing a breakdown of the relationship

Courts often refuse a first contested petition where there is no clear statutory ground. If that happens, you generally cannot refile within six months without new circumstances, and if the spouses then live apart for another year, a new petition shall be granted. Our contested divorce litigation page explains the court process in detail.

Custody, child support and property: the core issues

Most of the work in a divorce is not about ending the marriage itself. It is about the arrangements that follow.

Children

Chinese courts decide who has direct custody (直接抚养) by reference to the child's best interests. A child under two will in principle live with the mother; the true wishes of a child aged eight or older must be respected. The other parent keeps parental rights and duties and has visitation rights. See child custody in China.

Child support

The paying parent generally contributes 20% to 30% of monthly income for one child, and generally not more than 50% for two or more children. You can get a quick estimate with our child support calculator.

Property and debts

Wages, business income and investment returns earned during the marriage are usually community property; pre-marital property and certain personal items are separate property. Where the spouses cannot agree, the court divides property taking into account the interests of the children, the wife and the no-fault party. Hiding or transferring assets can lead to a smaller share. Read more on property division in divorce.

Divorce in China with a foreign element

A large part of our practice involves a foreign-related divorce: one or both spouses are foreign nationals, the marriage took place abroad, or a spouse or assets are outside mainland China. Key points:

• In a litigation divorce, Chinese courts apply Chinese law.
• Chinese courts generally have jurisdiction where the defendant lives in China, with special rules for Chinese citizens abroad.
• Serving court papers on a spouse overseas can take many months, so foreign-related cases are not bound by the usual time limits and often take a year or more.
• Foreign documents generally need an apostille (or legalisation) and a certified Chinese translation.

If this applies to you, start with our page on divorce for foreigners in China.

The divorce process step by step

Every case is different, but a typical matter with our firm looks like this:

1. Free initial consultation (30 minutes). We listen, identify the issues and explain which route fits.
2. Document and fact gathering. Marriage certificate, IDs or passports, hukou booklet where relevant, children's documents, property and income records.
3. Strategy. We advise on custody, support and property positions, and on evidence you will need.
4. Negotiation or filing. We draft and negotiate a divorce agreement, or prepare and file the court petition.
5. Mediation and hearing. We represent you at court mediation and at trial where needed.
6. Completion and follow-up. Divorce certificate, judgment or mediation document; transferring property; enforcement if the other side does not comply.

How much does a divorce in China cost and how long does it take?

Court fees in divorce cases are modest, generally RMB 50 to 300 per case, plus a percentage where the property in dispute exceeds RMB 200,000. Lawyers' fees depend on complexity. We offer fixed fees for defined work such as drafting a divorce agreement or supporting a registry divorce, and staged fees for litigation so you know the cost of each phase in advance.

Timelines as a general guide:

• Registry divorce: at least 30 days for the cooling-off period, plus the time to agree terms.
• Court divorce under simplified procedure: generally within 3 months.
• Court divorce under ordinary procedure: generally within 6 months, which can be extended.
• A case where a party is abroad: often 12 months or more, mainly because of service abroad.

These are guides, not promises. A refused first petition, an appeal or complex property issues will add time.

How we help

• Bilingual advice in English and Chinese, with documents prepared in both languages where helpful.
• Registry divorce support: drafting a clear, enforceable divorce agreement and preparing you for the registry.
• Court representation in contested divorces, custody disputes and property litigation, including appeals.
• Cross-border coordination for spouses, children or assets in Hong Kong or abroad.
• Asset work with our in-house auditor on business valuations and tracing.
• Remote working by video, email, WeChat or WhatsApp. Clients abroad can often proceed through a notarised and apostilled power of attorney, although personal attendance may still be required for a registry divorce and sometimes by the court.

We will never promise a particular result. We will tell you honestly where you stand and what each option is likely to cost in time, money and stress.

What to do next

Write down your key questions, gather the documents you already have, and contact us to book a free, confidential 30-minute consultation with our team in Shenzhen or Guangzhou.