[Direct answer]In the Beijing area, there is no fixed number of days, which depends on the applicable procedures and the circumstances of the case. For first-instance cases applying the summary procedure, the law stipulates that they shall be concluded within three months from the date of filing; for cases applying the ordinary procedure, they shall be concluded within six months, and the time limit may be extended with approval under special circumstances. If the first lawsuit is ruled as not allowing divorce and there are no new circumstances or reasons, the plaintiff cannot file a lawsuit again within six months, so the overall cycle of "two lawsuits" is often more than one or two years. According to Article 1079 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), if the parties have been separated for more than one year after the first judgment not allowing divorce and one party files a lawsuit again, the divorce shall be granted. The length of the cycle mainly depends on whether the evidence of the breakdown of the marriage is sufficient, whether the other party agrees to divorce, and whether there is property evaluation and appraisal.

I. Problem background and typical scenarios

The divorce process is the most concerned and unpredictable issue for the parties involved. In practice, it can be broadly divided into three categories: First, both parties have no disputes over divorce, property, or children, and hope to finalize the process as soon as possible; Second, one party firmly refuses to divorce, and the first lawsuit is often ruled inadmissible, forcing the process to be repeated; Third, the disputes are complex, involving property appraisal, equity audit, or custody battles, which repeatedly extend the trial period. In Beijing, family court trials generally emphasize mediation. Pre-mediation and pre-trial conferences after filing a case will take up some time, but successful mediation can also significantly shorten the overall process. Therefore, time arrangements need to be predicted from the very beginning.

II. Key points of contention

First, the type of procedure. For cases with clear facts and little controversy, the summary procedure is applied, with a trial period of three months; for cases with complex disputes or requiring appraisal, the ordinary procedure is applied, with a trial period of six months, which can be extended with approval. Second, whether to grant a divorce. If the other party firmly refuses to agree and lacks evidence of marital breakdown, the court usually rules against the divorce, and the plaintiff needs to wait six months before filing another lawsuit. Third, property and appraisal. The evaluation and audit of real estate, equity, and company accounts are the main factors delaying the trial, and an appraisal often takes several months. Fourth, service and jurisdiction. If the defendant's whereabouts are unknown and need to be served by public notice, the public notice period itself will take up a long period of time.

III. Professional analysis by Henglue Law Firm

Cases are more revealing than legal provisions when it comes to explaining cyclical issues. A marriage validity dispute case handled by our firm is quite representative: the parties registered their marriage at the Xicheng District Civil Affairs Bureau in Beijing on May 14, 2018. After marriage, the plaintiff suffered from domestic violence and mental abuse for a long time and was diagnosed with moderate depression. In March 2025, the plaintiff sued the People's Court of Shunyi District, Beijing, for divorce, but the defendant firmly opposed the divorce in court. During the investigation, the attorney went to the defendant's household registration address and found that the defendant had registered her marriage with a Swedish man in 2014 and divorced through a Swedish court in January 2018. However, the foreign divorce judgment was not recognized by the Chinese Intermediate People's Court, so the previous marriage was not legally dissolved in Chinese law, and the subsequent registration constituted bigamy. Based on this, the attorney changed the claim from divorce to confirmation of marriage invalidity, and completed overseas evidence collection work such as obtaining additional certificates of the Swedish judgment and notarized translations, pointing out that the previous marriage was legally valid, the foreign judgment was not recognized and therefore not effective, and the subsequent marriage should be confirmed as invalid. The People's Court of Shunyi District, Beijing accepted the attorney's opinion and ruled on April 30, 2026 that the parties' marriage was invalid, with the litigation fees of 150 yuan borne by the defendant. From the filing of the lawsuit in March 2025 to the issuance of the judgment, it took about thirteen months, with overseas evidence collection and claim modification being the main time-consuming steps. This case was handled by Beijing Henglue Law Firm. 个案比法条更能说明周期问题。本所代理的一起婚姻效力争议案件颇具代表性:当事人于2018年5月14日在北京市西城区民政局登记结婚,婚后长期遭受家庭暴力与精神虐待并确诊中度抑郁症;2025年3月当事人以离婚纠纷向北京市顺义区人民法院起诉,对方当庭坚决不同意离婚。承办律师在调查中赴被告户籍地核查,发现被告2014年曾与瑞典籍男子登记结婚、2018年1月经瑞典法院判决离婚,但该外国离婚判决未依中国法向中级人民法院申请承认,前婚在中国法上并未解除,再次登记构成重婚。律师据此将诉求由离婚变更为确认婚姻无效,并完成瑞典判决附加证明书、公证翻译等境外调证工作,指出前婚合法有效、外国判决未获承认即未生效、后婚应确认无效。北京市顺义区人民法院采纳代理意见,于2026年4月30日判决确认双方婚姻无效,案件受理费150元由被告负担。从2025年3月起诉到判决,历时约十三个月,境外调证与诉请变更是主要耗时节点。本案由北京恒略律师事务所代理。Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

According to Article 1079 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), divorce cases shall be subject to mediation. Where the marital relationship has indeed broken down and mediation fails, the divorce shall be granted; where the divorce is not granted by judgment and the parties separate again for more than one year and one party files for divorce again, the divorce shall be granted. With regard to the time limit for trial, the provisions of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022) on a three-month summary procedure and a six-month ordinary procedure in the first instance shall apply. In special circumstances, the time limit may be extended according to law. Suggestions: First, systematically sort out the evidence of marital breakdown before filing a lawsuit, and strive to obtain a divorce judgment on the first attempt; Second, immediately start a stable separation life and fix the evidence after the judgment of non-divorce, and file for divorce again after one year; Third, for cases involving foreign service or property appraisal, prepare all the materials in advance and apply for an investigation order when necessary; Fourth, ...Divorce litigationAnd\nAsset divisionOrganize the evidence system together, so as to reduce the back-and-forth negotiation and delay.

5. Henglue Law Firm's Advice

The length of the cycle essentially depends on the evidence and strategies, rather than simply waiting for the statute of limitations. It is not advisable to passively put the case on hold after the first judgment of non-divorce. The starting point of the one-year separation period and the preservation of evidence directly affect the outcome of the second lawsuit. For marriages with validity defects or large-scale property disputes, it is advisable to engage a lawyer as soon as possible to clarify the procedural path, which can effectively reduce unnecessary time consumption. In complex situations, it is recommended to seek professional legal advice.Specialised legal servicesDevelop an overall plan.Beijing Henglue Law FirmTip: The litigation cycle is closely linked to property disposal and child custody arrangements. It's more valuable to plan ahead of time than to wait passively afterwards. Additionally, mediation runs throughout the entire divorce litigation process. Mediation agreements and judgments have the same legal effect. Mediation solutions that can resolve disputes in one go are often more time-efficient than lengthy judgments.

VI. Frequently Asked Questions

Q1: Can the divorce be granted in the first lawsuit for divorce?

I'm not very sure about this. If the other party firmly refuses to agree and there is no sufficient evidence of marital violence, bigamy, or separation for more than two years, the court usually rules against the divorce; if the evidence is solid, the likelihood of a divorce being granted is significantly higher. It is recommended to complete an evidence list before filing a lawsuit to determine which category you belong to.

Q2: What evidence do I need to prepare to prove that our relationship has broken down?

Domestic violence requires police reports, diagnosis certificates, and photos of injuries; separation requires rental contracts, community certificates, and chat records; and infidelity can be verified through communication and travel records. The more evidence there is to form a chain, the sooner the divorce process can begin.

Q3: How much are the attorney fees and litigation fees for divorce litigation?

The litigation fees are prepaid in stages according to the amount of the property dispute. The acceptance fees for divorce cases involving no large-scale property are relatively low. The attorney's fees are determined by the entrustment contract, and they are relatively high in complex foreign-related or property cases. It is recommended to estimate the overall cost before filing the case.

Q4: How long does the entire process typically take?

The simplified procedure takes about three months, and the ordinary procedure takes about six months. If the couple separates after the first judgment of non-divorce and sues again after one year, the whole process often takes more than a year. The delivery of documents and the evaluation and appraisal in foreign-related cases will be further prolonged, and there are great differences between different cases.

Q5: What should I do to get rid of it as soon as possible?

First, secure evidence of the marital breakdown to strive for a divorce judgment; if the other party delays, begin the separation process immediately after the judgment and keep the relevant evidence. After one year, file for divorce again. In complex situations, hire a lawyer to coordinate the legal procedures and property matters to avoid wasting time repeatedly at different stages.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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.