How Long Does Divorce Take in China?
The timeline for divorce in China depends on whether it's mutual or contested. Waiting period: 30-day cooling-off period for mutual consent (since 2021). Here's what to expect at each stage.
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- ✓Waiting period: 30-day cooling-off period for mutual consent (since 2021)
- ✓Residency requirement: Household registration (hukou) or residence
- ✓Divorce type: Mutual consent or litigation
- ✓Mutual consent/uncontested: typically the fastest path
- ✓Contested: can take 1–3+ years depending on complexity
- ✓Mediation can significantly speed up resolution
How to Divorce in China: Step-by-Step
- ✓Mutual: apply at civil affairs bureau: Both spouses appear with agreement on property and children.
- ✓30-day cooling-off period: Either party can withdraw within 30 days. If not withdrawn, must appear within next 30 days to collect certificate.
- ✓Collect divorce certificate: Both must appear in person within 30 days after cooling-off. If not, application lapses.
- ✓Litigation: file lawsuit: At the People's Court. Court must attempt mediation first.
- ✓Court may deny divorce: Common on first attempt. Must wait 6 months to refile.
- ✓Second attempt: Courts usually grant divorce on second attempt if issues persist.
What Can Slow Things Down
- ✓Disagreements over property, custody, or support
- ✓Incomplete or disputed financial disclosures
- ✓Court backlogs and scheduling delays
- ✓International complications (assets or spouse abroad)
- ✓One spouse being uncooperative or unreachable
- ✓Appeals or motions during the process
Tips to Speed Up Your Divorce
- ✓Agree on as much as possible before involving the court
- ✓Complete financial disclosures thoroughly and promptly
- ✓Consider mediation or collaborative approaches
- ✓Be organized — gather all documents early
- ✓Hire an experienced local family law professional
- ✓Be realistic about outcomes — fighting costs time and money
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Legal Disclaimer: This article covers China divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in China for advice specific to your situation.