[Direct answer]The number of court hearings in divorce cases is not fixed. For cases handled under the summary procedure, one court hearing is usually sufficient to conclude the trial; for cases handled under the ordinary procedure, the number of court hearings may range from one to three, depending on the circumstances of the case; for cases where the first lawsuit did not result in a divorce and the parties separated for more than a year before filing another lawsuit, an additional court hearing will usually be arranged. Core legal provisions: the provisions on the summary procedure, ordinary procedure, and trial deadlines in the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), and Article 1079 of the Civil Code of the People's Republic of China. For cases involving child custody, property division, evidence of fault, or appraisal, the number of court hearings will increase accordingly; circumstances such as foreign-related cases and jurisdiction objections will also prolong the trial period. For more details, please refer to the relevant provisions.Divorce litigation and legal services for family disputesAndBeijing Henglue Law Firm.

1. Problem background and typical scenarios

When litigants sue for divorce, what they care most about is often "how many trips to the court they need to make and how long it will take to get a divorce". Typical scenarios include: both parties have no objections to the divorce and only have minor disputes over custody or property, hoping to resolve them in one court hearing; one party firmly refuses to agree to the divorce, and the first lawsuit is ruled inadmissible, requiring them to sue again after a one-year separation; involving the division of real estate, equity, and large deposits, the evidence is complicated and requires multiple cross-examinations; one party is a foreign national or has a special place of residence, making the process more complicated. The number of court hearings is directly related to the litigation procedures, the size of the dispute, and the evidence situation, rather than being fixed and unchangeable.

II. Key points of contention

  • Program selection: The simplicity or complexity of the program affects the pace of the trial and the duration of the hearing, and the size of the dispute determines the applicability of the program.
  • Divorce threshold: Whether a divorce can be granted in the first lawsuit depends on the evidence of a breakdown in the marriage. If the evidence is insufficient, the court is more likely to rule against the divorce.
  • The complexity of the dispute: issues such as child custody, property division, fault determination, and expert appraisal increase the number of cross-examinations and court hearings.

III. Professional analysis by Henglue Lawyers

In the divorce cases handled by our firm, the number of court hearings mainly varies depending on the structure of the dispute. Taking a divorce case involving a couple who are both foreign nationals and have lived in Beijing for a long time as an example, since they were unable to register their divorce at the civil affairs department, the lawyer confirmed that Chinese courts have jurisdiction over cases where the parties' habitual residence is in Beijing. The lawyer assisted the clients in preparing the necessary identity, marriage, and property ownership certificates. After one mediation session presided over by the court, the marriage was dissolved and the ownership of the assets under each party's name was confirmed. The mediation agreement took effect immediately upon signature and stamping, without going through multiple court hearings. In another divorce case involving marital infidelity, due to multiple claims such as custody rights, a 70% property division, and damages, the court identified the fault and supported the skewed division after a full cross-examination. It can be seen that the more focused the dispute and the more complete the evidence, the more efficient the court hearings will be. For related procedures, please consult us.Beijing Henglue Law FirmFamily Affairs Team.

IV. Practical suggestions and legal basis

At the legal basis level: The Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) stipulates that simple procedures can be applied to try simple civil cases, and ordinary procedures can be applied to try more complex cases, with corresponding trial deadlines set; Article 1079 of the Civil Code of the People's Republic of China regulates the rules of prior mediation, determination of marital breakdown, and the rule that a divorce should be granted if the couple has been separated for one year before filing for divorce. At the practical advice level: Sort out the marital status, property list, and child arrangements before suing, and prepare evidence of marital breakdown, separation, and fault; prioritize mediation to shorten the trial period; if a divorce is not granted on the first attempt, immediately start collecting evidence of separation and set a time limit for the second lawsuit; for cross-border or large-scale property cases, plan the jurisdiction and material authentication in advance. For cases involving intertwined custody and property issues, relevant evidence can be combined.Beijing Henglu Law FirmCoordinate and arrange the experience activities in a comprehensive manner.

5. Henglu Law Firm's Advice

There is no standard answer for the number of court hearings in divorce litigation. It reflects not the court's efficiency, but the complexity of the dispute itself and the completeness of the evidence. It is more meaningful to focus on decisive factors such as "whether mediation is possible, whether the evidence is in place, and whether the separation has lasted for more than a year" than to obsess over the number of court hearings. It's not terrible to be ruled against the divorce in the first lawsuit, but the key is to fix the evidence and plan the pace of the second lawsuit based on this. For cases involving children and large amounts of property, the involvement of professional lawyers can significantly reduce unnecessary court hearings.

This case is handled by Beijing Henglu Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

VI. Frequently Asked Questions

Q1: How many court hearings are typically held during the first divorce lawsuit, and will the divorce be granted in the end?

Most divorce cases are heard in a single court session, but the probability of a first-time divorce judgment is not high. If both parties have no substantive disputes over divorce, children, or property, the court may hold a single court session for mediation or make a judgment. If one party firmly refuses to divorce and there are no statutory grounds for divorce, the court will usually rule against divorce in the first instance to allow for a cooling-off period. According to Article 1079 of the Civil Code of the People's Republic of China, the court shall first mediate in divorce cases. If the parties' marital relationship has indeed broken down and the mediation fails, the divorce shall be granted; if there is no sufficient evidence to prove that the marital relationship has broken down in the first instance, the divorce shall generally not be granted. The parties should regard the first-time lawsuit as a process of fixing evidence and sorting out disputes, and prepare for a possible second-time lawsuit.

Q2: If the divorce was not granted the first time, do I still need to attend the court hearing when filing the lawsuit for the second time?

Usually, there will be another court hearing. According to Article 1079 of the Civil Code of the People's Republic of China, if the parties have been living apart for one year after the judgment of not granting a divorce, and one party files for divorce again, the court shall grant the divorce. The second lawsuit still needs to go through the procedures of registration, service of process, and court hearing. Generally, another court hearing will be arranged, during which the court will examine the facts of living apart, the breakdown of the marriage, and issues related to children and property. In practice, after the first judgment of not granting a divorce, it is necessary to fix the evidence of living apart (such as rental contracts, residence certificates, and communication records), and file the second lawsuit in time after one year to avoid waiting in vain. The probability of obtaining a divorce in the second lawsuit is significantly higher, but it is still necessary to appear in court to make statements and provide evidence.

Q3: How is a foreign-related divorce trial conducted in Beijing, and is the process more complicated?

It will be more complicated, but the number of court hearings may not necessarily increase. If either or both parties are foreign nationals, the civil affairs department generally does not accept divorce registration applications, and the divorce must be resolved through litigation or mediation by a competent Chinese court; if they have a habitual residence in China, Chinese courts may exercise jurisdiction. In terms of procedures, they need to prepare materials such as certified and translated identity certificates, marriage certificates, and property ownership certificates. The court may organize mediation, and if an agreement is reached through mediation, a mediation agreement can be issued at a single court hearing, which has the same legal effect as a judgment. The complexity lies in the notarization and authentication of materials and the confirmation of jurisdiction, rather than the number of court hearings. It is recommended to entrust a lawyer to clarify the jurisdiction and list of materials first, so as to reduce the need for supplementary corrections and unnecessary procedures.

Q4: How to shorten the number of court hearings and the duration of divorce litigation?

The key is to "anticipate disputes and ensure the completeness of evidence". Firstly, before filing a lawsuit, try to reach a framework consensus with the other party on divorce, custody, and property issues, so that the case can be concluded in one hearing if mediation is successful. Secondly, submit all relevant evidence at once to avoid repeated evidence-gathering and multiple cross-examinations. Thirdly, evaluate key issues such as custody rights, real estate, and equity in advance, and if necessary, apply for an appraisal instead of arguing in court. Fourthly, comply with the court's procedural arrangements, attend hearings on time, and respond promptly to reduce delays caused by procedural flaws. Mediation is the most effective way to shorten the litigation cycle. The mediation agreement reached under the court's supervision takes effect immediately upon signing, thus eliminating the need for subsequent hearings and appeals.

Q5: If the other party delays or refuses to cooperate maliciously, will this lead to an increase in the number of court hearings?

It may increase. If the other party refuses to accept the documents, intentionally fails to appear in court, repeatedly applies for adjournments or raises jurisdictional objections, or abuses expert appraisals, it will prolong the proceedings and increase the number of court hearings or hearings. In this regard, lawyers can apply for service by public notice in accordance with the law, request the court to hold a trial in absentia for those who fail to appear without a valid reason, and promptly refute obviously improper adjournments or objections; for the risk of transferring or concealing property, they can apply for property preservation at the same time. The parties themselves should also actively cooperate in providing evidence and attending court hearings, and not respond passively due to the other party's delay, so as to avoid an indefinitely prolonged process. Professional intervention can reduce the other party's room for manoeuvre in the process and enable the case to enter substantive trial as soon as possible.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm