[Direct answer]In the Beijing area, the duration of divorce litigation varies depending on the procedures and the circumstances of the case: the first-instance ordinary procedure takes six months to conclude, and the summary procedure takes three months; if the parties have no disputes over the divorce and only reach a mediation agreement on child custody and property, the case may be resolved within a few months or even in a single court hearing; if the defendant does not agree to the divorce and the divorce is not granted in the first instance, the plaintiff needs to file a lawsuit again after being separated for more than a year, and the overall process typically takes one to two years; cases involving foreign marriages, complex property disputes, and cases requiring public service delivery have a longer duration. Mediation runs throughout the entire litigation process, and the mediation agreement and the judgment have the same legal effect. It is recommended to fix the evidence and clarify the claims as soon as possible to reduce procedural repetitions. For more details, please refer to the following link:Divorce litigation and legal services for family disputes.
1. Problem background and typical scenarios
Before deciding to file a lawsuit, the two issues that the parties are most concerned about are whether they can divorce and how long the process will take. The anxiety mainly comes from several situations: the other party does not agree to divorce and is worried about endless delays; the two sides have fierce disputes over custody and property, and are afraid of a marathon trial; one party is overseas or out of contact, and is worried about difficulties in serving the documents; the property involves company equity, multiple sets of real estate, and cross-border assets, and is worried about the time-consuming evaluation and appraisal. All these factors will have a significant impact on the duration of the process. Only by understanding the procedural rules clearly can we reasonably arrange our expectations and daily life. For the rules of each stage of divorce litigation, please refer to the following link:Divorce litigation and legal services for family disputes.
II. Key points of dispute
There are four main factors affecting the duration of divorce litigation. Firstly, the trial process: for cases with clear facts and minimal disputes, the simplified procedure is applied, and the case is concluded within three months; for complex cases, the ordinary procedure is applied, taking six months. Secondly, whether to grant the divorce or initiate a second lawsuit: if the divorce is not granted in the first instance, the process will be slow until the statutory conditions for initiating a second lawsuit are met. Thirdly, the complexity of the case: property appraisal, audit, paternity testing, notarization and authentication of overseas evidence, and public notice service will all prolong the process. Fourthly, the scope for mediation: mediation runs through both the pre-litigation and litigation stages. The smaller the differences between the parties, the faster the case will be resolved through mediation. In the judicial practice of Beijing, family cases are generally mediated first, and the willingness to mediate and the completeness of evidence directly affect the overall pace of the litigation.
III. Professional analysis by Henglue Law Firm
A case of foreign marriage validity handled by Attorney Bingrong Xiong reveals the true duration of complex divorce litigation. The plaintiff, Li Xiang, and the defendant, Li Li, met in 2015 and registered their marriage at the Xicheng District Civil Affairs Bureau in Beijing on May 14, 2018. After marriage, Li Li repeatedly committed domestic violence and psychological abuse against Li Xiang, leading to Li Xiang being diagnosed with moderate depression. In March 2025, Li Xiang entrusted Attorney Bingrong Xiong to file a lawsuit against Li Li in Shunyi District Court, seeking to dissolve the marriage, divide property and vehicles, and share joint debts. However, Li Li firmly opposed the divorce in court. During the litigation, Attorney Xiong discovered a crucial fact: Li Li had registered her marriage with a Swedish man in 2014, but the Swedish court ruled in favor of divorce in January 2018. However, the divorce had not been recognized by Chinese intermediate courts, and the previous marriage was still legally valid in China. Attorney Xiong promptly changed the litigation goal from divorce to confirming the invalidity of the marriage and initiated overseas evidence collection: applying to the Swedish court for disclosure of the divorce judgment, obtaining additional certificates and notarized translations, submitting evidence of Swedish marriage law provisions to prove that the tax bureau lacked authority to dissolve the marriage, and retrieving the marriage registration archives. The Shunyi District People's Court of Beijing fully adopted the attorney's arguments and ruled to confirm the invalidity of the marriage on April 30, 2026, with the litigation fees of 150 yuan borne by the defendant. From the filing of the lawsuit in March 2025 to the judgment in April 2026, the case took approximately thirteen months, with overseas evidence collection being the main factor prolonging the duration. This case shows that divorce cases involving overseas evidence and disputes over the validity of marriage typically take much longer than ordinary cases, and strategic adjustments (from divorce to confirming the invalidity of the marriage) can become the key to completely resolving the dilemma. Of course, not all cases take more than a year: if both parties have no objections to dissolving the marriage and only have conditions to discuss regarding custody and property, with the court's mediation, an agreement may be reached in a single hearing, and the mediation agreement can be obtained within weeks. This case was handled by Beijing Henglu Law Firm. 熊斌蓉律师代理的一起涉外婚姻效力案件,呈现了复杂离婚诉讼的真实周期。原告李响与被告李丽2015年相识,2018年5月14日在北京市西城区民政局登记结婚,婚后李丽长期实施家庭暴力与精神虐待,导致李响被确诊为中度抑郁症。2025年3月,李响委托熊斌蓉律师以离婚纠纷向顺义区法院起诉,请求解除婚姻、分割房产车辆、分担共同债务,李丽当庭坚决不同意离婚。律师推进中发现突破性事实:李丽曾于2014年与瑞典男子登记结婚,2018年1月经瑞典法院判决离婚,但未经我国中级法院裁定承认,前婚在我国法上尚未解除。熊斌蓉律师果断将诉求由离婚变更为确认婚姻无效,并开展境外取证:向瑞典法院申请公开离婚判决、办理附加证明书与公证翻译、提交瑞典婚姻法条文证明税务局无解除婚姻职权、调取结婚登记档案。北京市顺义区人民法院完全采纳律师代理意见,于2026年4月30日判决确认婚姻无效,案件受理费150元由被告负担。从2025年3月委托起诉至2026年4月30日宣判,历时约十三个月,境外取证是拉长周期的主要因素。该案说明:涉及境外证据、婚姻效力争议的离婚类案件,周期显著长于普通案件,而策略调整(由离婚变更为确认婚姻无效)反而成为彻底解决困局的关键。当然,并非所有案件都要耗时一年以上:双方对解除婚姻无争议、仅在抚养与财产上有条件可谈的,经法院主持调解,可能一次庭审即达成协议,数周内即可领取调解书。本案由北京恒略律师事务所代理Xiong BinrongThe lawyer (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.
IV. Practical suggestions and legal basis
Legal basis: Article 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021) on litigation divorce procedures and divorce judgments; Article 1080 on the time of dissolution of marriage; the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023) on trial deadlines, service and mediation provisions, with a six-month ordinary procedure and a three-month summary procedure for first-instance cases; the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (adopted on December 29, 2020 and effective January 1, 2021). Action list: First, clarify the litigation requests when filing the case, and raise claims for custody, property, and debts together to avoid prolonging the litigation period through separate lawsuits; Second, fix evidence in advance to reduce delays in supplementary evidence collection and appraisal; Third, make good use of the mediation process and fix as many terms as possible during the mediation stage; Fourth, for overseas evidence and public notice service, reserve time and start the notarization and authentication process as soon as possible. For procedural issues, please consult us.Divorce litigation and legal services for family disputes.
5. Henglu Law Firm's Reminder
Cycle anxiety often stems from information asymmetry: misunderstanding the first non-divorce judgment as a failure, or perceiving the stagnation of the process as the other party's cunning tactics, can all affect the quality of decision-making. The rational approach is to proceed according to the procedural milestones, with clear actions and expectations at each stage. Special reminder: During the divorce litigation, maliciously transferring property or fabricating debts may result in receiving a smaller share or no share in the division, which will ultimately delay the overall process. When handling similar cases in the Beijing area, it is recommended to seek legal assistance as early as possible.Beijing Henglue Law FirmProfessional lawyers always prioritize gathering evidence and formulating strategies before taking action.
VI. Frequently Asked Questions
Q1: Can a divorce lawsuit result in a quick divorce judgment?
Both parties agree to divorce and have no disputes over child custody or property. In this case, the court may conclude the case quickly through mediation or summary procedures, which may take one or two months at most. If the defendant disagrees with the divorce, he/she needs to provide evidence that the marriage has indeed broken down and that there are statutory circumstances such as bigamy, domestic violence, or living apart for more than two years due to marital disharmony. In this case, the court may grant the divorce in the first instance. Otherwise, the court may rule against the divorce. No case can guarantee a quick or certain divorce. The outcome depends on the evidence and the trial process, so it's very important to have reasonable expectations.
Q2: What evidence do I need to prepare for a divorce lawsuit?
The evidence is organized into three parts: First, evidence of emotional breakdown, including separation certificates, chat records, police reports, administrative punishment decisions, letters of guarantee and repentance, and domestic violence diagnosis certificates; Second, property evidence, including real estate certificates, purchase contracts, bank transaction records, stock and fund accounts, vehicle registration information, and proof of company equity and investment. It is important to collect clues of the other party's concealment and transfer of assets in advance; Third, evidence related to child custody, including children's birth certificates, attendance records, and proof of income and residence. The evidence should be organized into a booklet according to the timeline and completed the presentation of evidence before the trial.
Q3: How much do divorce litigation fees cost?
The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007): For pure divorce cases not involving property division, the acceptance fee shall be 50 yuan to 300 yuan per case; for the part involving property division exceeding 200,000 yuan, it shall be paid at a rate of 0.5%, generally borne by the losing party, and the proportionally shared by the partially successful party. For cases settled through mediation, the fee may be reduced by half. The attorney's fees shall be determined through consultation between the law firm and the client, with no unified government pricing. Marriage cases are not allowed to use risk-based attorney fees in violation of regulations. For cases involving property appraisal, audit, and inquiry, additional procedural fees shall be incurred accordingly.
Q4: How long does it take from filing a case to obtaining a verdict?
The first-instance ordinary procedure shall be concluded within six months and the simplified procedure within three months; if the defendant's whereabouts are unknown and the service needs to be announced, the service procedure alone may take several months; if it involves property evaluation and notarization and authentication of overseas evidence, the corresponding period shall be calculated separately. If the first judgment does not grant the divorce and the parties separate again after one year and file a lawsuit again, it usually takes one to two years from the first filing to the final divorce. If the case is settled through mediation, the period may be shortened to several months. The specific timeframe shall be subject to the scheduling of the receiving court and the circumstances of the case.
Q5: If I want to initiate divorce proceedings, what should I do first?
There are four steps to proceed: First, clarify the list of demands, including whether to divorce or not, who the children will live with, how to divide the property, and how to assume the debts, and figure it out all at once; Second, collect and fix the evidence, with the focus on the breakdown of the relationship and the clues to the property; Third, evaluate the possibility of an agreement, and negotiate the terms that can be discussed first, while initiating litigation procedures to prevent the other party from delaying; Fourth, entrust a professional lawyer to file a lawsuit and follow up on the delivery of documents, the provision of evidence, and the court hearings. If there is a high risk of the other party transferring assets, you can simultaneously consider applying for property preservation.
The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.
If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.