[Direct answer]Not applicable. The divorce cooling-off period only applies to divorce by agreement at the marriage registration authority, that is, the 30-day withdrawal period and the subsequent 30-day certificate issuance period stipulated in Article 1077 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), with a total maximum period of 60 days. Divorce litigation initiated in the people's court and divorce mediation conducted by the court are not subject to the cooling-off period. According to Article 1079 of the Civil Code, the court shall first conduct mediation in divorce cases. If the mediation is unsuccessful and the marital relationship has indeed broken down, the divorce shall be granted. That is to say, if one party does not agree to divorce or withdraws the registration application, there is no waiting period threshold for the cooling-off period after the case is transferred to litigation.

1. Problem background and typical scenarios

Many people misunderstand the cooling-off period as a mandatory procedure for divorce, believing that they must wait 30 days regardless of the path they choose. In practice, there are three main areas of confusion: whether the other party must wait during the cooling-off period if they do not agree to the divorce; whether the court will accept a lawsuit filed during the cooling-off period; and whether the court also requires a 30-day waiting period for divorce mediation. When handling similar cases in Beijing, we typically first help clients clarify the differences between the two paths, then decide whether to first attempt divorce by agreement or proceed directly to litigation, to avoid wasting time on unnecessary waiting.

II. Key points of contention

First, the applicable objects. The cooling-off period only restricts the divorce registration procedures of marriage registration authorities, not the trial procedures of courts. Second, the difference between court mediation and the cooling-off period. Courts should conduct mediation before trying divorce cases, which is a mediation procedure within litigation and does not have a fixed 30-day waiting period, which is different in nature from the cooling-off period of registration authorities. Third, whether lawsuits are accepted during the cooling-off period. If the application for divorce by agreement is still in the cooling-off period, it does not prevent one party from filing a divorce lawsuit with the court, and the court will accept it according to law. Fourth, calculation of time limits. After the expiration of the 30-day withdrawal period, there is a 30-day period for picking up the marriage certificate. If the parties fail to jointly apply for the issuance of the certificate within the time limit, it shall be deemed as a withdrawal, and the previous application will not be continued. Only a new application or a transfer to litigation can be made. Fifth, the focus of evidence collection. Whether a divorce can be granted through litigation depends on whether the marital relationship has truly broken down, and evidence needs to be organized around the statutory circumstances.

III. Professional analysis by Henglue Lawyers

A case handled by Henglue Law Firm can illustrate the relationship between the litigation path and the cooling-off period. The plaintiff, Li Xiang, and the defendant, Li Li, registered their marriage at the Civil Affairs Bureau of Xicheng District, Beijing on May 14, 2018. After the marriage, Li Li committed domestic violence and psychological abuse against Li Xiang for a long time, which led to Li Xiang being diagnosed with moderate depression. In March 2025, Li Xiang entrusted lawyer Xiong Binrong of Beijing Henglue Law Firm to file a divorce lawsuit, but the defendant firmly opposed the divorce in court. During the litigation process, the lawyer went to Li Li's household registration location to investigate and found that Li Li had registered her marriage with a Swedish man in 2014 and was divorced by a Swedish court in January 2018, but she had not applied to the intermediate court for recognition of the foreign judgment according to Chinese law. Therefore, her previous marriage with Li Xiang was still legally valid under Chinese law, constituting bigamy. The lawyer thus changed the claim to confirm the invalidity of the marriage. After the trial, the People's Court of Shunyi District, Beijing adopted the lawyer's opinion and ruled on April 30, 2026 that the marriage between the two parties was invalid. The case acceptance fee of 150 yuan was borne by Li Li.

This case is handled by Beijing Henglu Law FirmXiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. It should be noted that there is no cooling-off period in the litigation stage. The court directly handles the validity of the marriage or the dissolution of the marriage relationship by means of a judgment, and the plaintiff does not need to wait for 30 days. However, the litigation itself involves a longer period of evidence collection and trial. When the defendant firmly refuses to divorce, it is especially necessary to make full preparations. Foreign factors will also increase the delivery, notarization and authentication processes, which is also a cost that must be weighed when choosing a path.

IV. Practical suggestions and legal basis

According to Article 1077 of the Civil Code of the People's Republic of China (the 30-day withdrawal period and 30-day certificate issuance period for divorce by agreement), Article 1079 (for litigation divorce, the court shall first mediate. If the mediation is ineffective and the marital relationship has indeed broken down, the divorce shall be granted), Article 1080 (the marriage relationship shall be dissolved upon completion of the divorce registration or the effectiveness of the divorce judgment or mediation agreement), and Article 1051 (the statutory circumstances of invalid marriage), the above provisions all came into effect on January 1, 2021. Suggestions: First, determine whether the other party agrees to divorce. If they agree and are able to attend the proceedings, proceed with divorce by agreement; otherwise, prepare for litigation directly. Second, organize evidence of marital breakdown, property, and children before filing a lawsuit. Third, for cases involving foreign nationality or overseas assets, prepare notarization and authentication of identity and ownership materials in advance, and refer to relevant materials as necessary when necessary.\nCross-border transactions involving foreign entities1. The practical points of the case; 2. The legal basis and legal provisions applicable to the case; 3. The key points of the case; 4. List all litigation requests at once to avoid secondary litigation. For relevant experience, please refer toDivorce litigationGuidelines.

5. Henglu Law Firm's Reminder

It's a common misunderstanding to regard the cooling-off period as a universal shield against legal action: it neither applies to litigation divorce nor prevents the other party from suing. Conversely, treating the cooling-off period as a pure delaying tactic is equally unwise. The 30-day withdrawal period plus the 30-day certificate issuance period total 60 days. If the certificate is not obtained within this period, the withdrawal will be deemed effective, and all previous preparations may be rendered invalid. If one party delays by withdrawing the registration application, the other party should promptly initiate litigation and apply for property preservation simultaneously. Cases involving marital invalidity or foreign elements may also be handled through other legal channels.Specialised legal servicesConduct a path assessment. For more details about the specific case, please visitBeijing Henglue Law FirmFor more information, please visit the official website.

VI. Frequently Asked Questions

Q1: Do I also need to wait for the 30-day cooling-off period for a litigation divorce?

No, it's not necessary. The legal basis for the cooling-off period is Article 1077 of the Civil Code of the People's Republic of China (effective January 1, 2021), which regulates the divorce registration procedures of marriage registration authorities. When the court hears divorce cases, it shall apply Article 1079 of the Civil Code and conduct mediation first. If the mediation is ineffective and the marital relationship has truly broken down, the divorce shall be granted. There is no provision for a 30-day waiting period. After the lawsuit is filed, the court will schedule a hearing for the case.

Q2: What evidence do I need to prepare?

First, evidence of a breakdown in the relationship, such as separation certificates, materials related to domestic violence alerts and injury assessments, evidence of infidelity, and records of repeated offenses involving gambling and drug abuse; Second, property-related evidence, including ownership of real estate and vehicles, bank transaction records, and information about equity and financial management; Third, materials concerning children, such as birth certificates and records of daily care; Fourth, identity and procedural materials, including passports for overseas cases, proof of marital status, and translated and certified documents. The evidence should be organized chronologically to facilitate the court's review and determination.

Q3: How much does it cost to sue for divorce?

In divorce cases, the acceptance fee is paid per case. For the part involving property division with a high total amount, it shall be paid in proportion according to Article 13 of the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007); for applying for preservation, an additional preservation fee is required and a guarantee must be provided. The attorney's fee is paid according to the provisions of the entrustment contract, usually calculated based on the amount of the subject matter or in stages. If the case involves overseas service or translation and authentication, there will be corresponding procedural expenses.

Q4: How long does it usually take to file for a divorce through litigation?

The time limit for the first-instance ordinary procedure is generally six months, and for the simplified procedure, it is three months. If the first lawsuit does not result in a divorce judgment, it is necessary to file a lawsuit again after six months, and the overall process usually takes more than a year. For foreign-related cases, due to factors such as service of documents, notarization and authentication, and the determination of applicable laws, the timeframe is usually longer. Compared with the 60-day cooling-off period for divorce by agreement, the time cost of litigation is obviously higher, and the choice of litigation path should be based on the specific circumstances of each case.

Q5: What should I do first?

First, confirm the other party's attitude towards the divorce and whether they have submitted or withdrawn the divorce registration application. Then evaluate whether to proceed with a divorce by agreement or directly file a lawsuit. If you decide to file a lawsuit, gather evidence of the breakdown of the marriage, property and children as soon as possible and submit the lawsuit; for cases involving foreign parties, start the notarization and authentication of materials in advance. The choice of approach directly affects the cost of time, so it is recommended to consult a professional lawyer to determine the best plan.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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

Disclaimer: This article is compiled based on the current 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. If you encounter disputes, please consult a practicing lawyer in time.