Contested divorce in China: how the court process works
When your spouse will not agree to divorce, or you cannot agree on children or property, the only route is the People's Court. A contested divorce in China follows its own logic: the court will try hard to mediate, it looks for evidence that mutual affection has truly broken down, and it may refuse a first petition. Knowing this in advance helps you plan, gather the right evidence and avoid wasted months. This page explains the litigation process as of 2026 and how our litigation team in Shenzhen and Guangzhou approaches it.
When will a court grant a contested divorce?
Under Article 1079 of the Civil Code, the court first mediates. If mediation fails and mutual affection has truly broken down, a divorce shall be granted. The law lists situations that show a breakdown:
- bigamy, or cohabiting with another person
- domestic violence, maltreatment or desertion of a family member
- gambling, drug addiction or similar habits not corrected despite repeated admonition
- separation for two years because of discord
- other circumstances causing a breakdown of mutual affection
A divorce shall also be granted where the other spouse has been declared missing.
Restriction on husbands filing
A husband may not file for divorce while the wife is pregnant, within one year after she gives birth, or within six months after termination of a pregnancy, unless the wife files or the court considers it necessary.
The first petition, the six-month rule and the one-year rule
In practice, courts often refuse a first contested petition when there is no clear statutory ground, especially where the defendant says the relationship can still be saved. This is not the end of the road:
- After a judgment refusing divorce, the plaintiff generally cannot file again within six months unless there are new circumstances or new reasons.
- If the court has refused a divorce and the spouses then live apart for one more year, a new petition shall be granted.
Many clients therefore see the first case as a step that sets the clock running. We help you decide whether to push for a divorce at the first hearing or to build a record for a second petition. Our article on what to expect in a contested divorce goes into more detail.
Evidence that matters
Chinese courts rely heavily on documents. Useful evidence can include:
- Separation: tenancy agreements, utility bills, witness statements, messages showing separate lives
- Domestic violence: police records, warning letters, medical records, photographs, a protection order
- Infidelity or cohabitation: evidence must be obtained lawfully; we advise on what is usable
- Children: who has been the main carer, school and medical records, living arrangements
- Property: title records, bank statements, company records, evidence of concealment
Where evidence is held by banks or registries, we can ask the court to issue an investigation order or collect it.
Mediation in court
Mediation is a mandatory step in divorce litigation. It can happen before filing, before trial or during the hearing. A settlement reached in court is recorded in a mediation document, which is effective once signed by both parties and has the same force as a judgment. Mediation is often the fastest way to a divorce once the other side accepts that the marriage is over.
Interim measures: protecting property
If there is a risk that your spouse will move, sell or hide assets, you can apply for property preservation, for example freezing bank accounts or restricting the transfer of real estate or shares. This can be done before or during the case and usually requires security. Early preservation is often the single most important step in a high-value divorce. See also hidden asset tracing.
Timelines and appeals
- Simplified procedure: generally concluded within 3 months.
- Ordinary procedure: generally within 6 months, extendable.
- Foreign-related cases with a party abroad: not bound by these limits and often 12 months or more.
- Appeal: 15 days from service of the judgment (30 days for a party with no domicile in China). The appeal goes to the Intermediate People's Court.
How we help
- Assessing your grounds and the likely outcome of a first petition
- Planning and collecting evidence lawfully
- Drafting the petition and handling filing, service and court fees
- Applying for property preservation and investigation orders
- Representing you at mediation and trial, and on appeal
- Enforcing the judgment if the other side does not comply
Litigation is led by our senior litigators, working with our bilingual team so foreign clients can follow every step.
What to do next
If you are considering a contested divorce, do not wait until assets move. Contact us for a free 30-minute consultation, and read our overview of divorce lawyers in China for the bigger picture.
Frequently asked questions
What happens if my spouse refuses to divorce in China?
You can file a litigation divorce. The court will mediate first and grant a divorce if mediation fails and mutual affection has truly broken down. Without a clear ground a first petition is often refused, but a new petition after a further year of separation shall be granted.
Why do Chinese courts refuse the first divorce petition?
Courts look for proof that mutual affection has truly broken down. Where there is no clear statutory ground such as domestic violence or two years' separation, and the other spouse wants to stay married, courts often refuse the first petition. Practice varies between courts and judges.
How soon can I file again after a divorce is refused?
Generally not within six months of the judgment unless there are new circumstances or new reasons. If the spouses then live apart for one year after the refusal, a new petition shall be granted.
Can I freeze my spouse's assets during a divorce?
Yes. You can apply for property preservation before or during the case, such as freezing bank accounts or restricting transfers of real estate or shares. The court usually requires security, and acting early is important.
How long does a contested divorce take in China?
Simplified procedure cases are generally concluded within 3 months and ordinary procedure cases within 6 months, which can be extended. A refused first petition, an appeal or a party abroad can make the whole process take a year or more.
How long do I have to appeal a divorce judgment?
Fifteen days from service of the judgment, or 30 days for a party with no domicile in China. The appeal is heard by the Intermediate People's Court.
Contested Divorce Litigation by city
Related guides
Contested Divorce in China: What to Expect in Court
What happens in a contested divorce in China: filing, mediation, the hearing, why first petitions are often refused, the six-month and one-year rules, timelines and how to prepare evidence.
Read the guideDivorce in China When Your Spouse Refuses, Won't Respond or Has Disappeared
Your spouse will not agree, ignores the court or cannot be found. You can still get divorced in China through the courts. How refusal, service by publication, the one-year rule and declarations of missing status work.
Read the guideChina Divorce Law: A Complete Guide (2026)
Everything you need to know about divorce law in China as of 2026: the two divorce routes, grounds, whether China has no-fault divorce or alimony, custody, child support, property, foreign-related cases, costs and timelines.
Read the guide