How long does it take for Ningbo to sue for divorce?

After a party submits the divorce complaint and supporting documents, they ask: “The court says mediation must take place first—when will the case be officially filed? And how long will the entire litigation process ultimately take?” For parties eager to end their marriage, the time cost is often the most difficult burden to bear. To conclude: In divorce litigation, from the date of filing to the issuance of the first-instance judgment, cases under the simplified procedure are typically concluded within three months, while those under the ordinary procedure are concluded within six months; however, stages such as pre-litigation mediation, service by public notice, and appraisal or expert examination are not counted toward the statutory time limit, so the actual duration is usually longer. If the first divorce lawsuit is unsuccessful, you must wait six months (or until new circumstances or grounds arise) before filing again, or pursue the option of filing after one year of separation following the court’s decision. In either case, the entire process could extend to a year and a half or even longer. Only by clearly understanding the statutory time limits and variables at each stage can we set reasonable expectations and reduce anxiety.

Timeline Overview of 1. Stages

1. Case Filing and Review: In accordance with Article 126 of the Civil Procedure Law, cases that meet the conditions for filing shall be registered within seven days, and the parties shall be notified; if the conditions are not met, a ruling shall be issued within seven days refusing to accept the case. If the materials are incomplete and a request for supplementation is issued, the time taken for supplementation shall not be included.
2. Pre-litigation Mediation: Divorce cases typically first undergo pre-litigation mediation (assigned mediation), with a mediation period of generally 30 days, which may be extended upon approval. If mediation is successful, a mediation agreement is issued; if unsuccessful, the case proceeds to formal filing. In courts with a high caseload, scheduling may prolong this stage; the Ningbo courts have widely implemented pre-litigation mediation and “shared court” mechanisms, and most cases go through this process.
3. First-instance trial: The simplified procedure shall be concluded within three months (with the possibility of a one-month extension upon approval by the president of the court, as provided in Article 164 of the Civil Procedure Law); the ordinary procedure shall be concluded within six months (in exceptional circumstances, with the president’s approval, the period may be extended by an additional six months, as provided in Article 152 of the Civil Procedure Law). Most divorce cases are handled under the simplified procedure; cases involving complex property issues, foreign elements, or significant disputes are transferred to the ordinary procedure.
4. Second Instance: For appeals against a judgment, the second-instance court shall conclude the review within three months (for rulings on appeals, within thirty days); in exceptional circumstances, the time limit may be extended.
5. Waiting after the first non-divorce: If there is no new situation or reason after the divorce is not allowed, the plaintiff will not accept the lawsuit within six months (Item 7 of Article 127 of the Civil Procedure Law); The better way is that after the judgment, the court shall grant the divorce after the two parties have been separated for one year (Paragraph 5 of Article 1079 of the Civil Code).

needs special reminder: the trial limit starts from the date of filing the case, excluding the period of pre-litigation mediation, announcement service, handling of jurisdictional objection, evaluation and appraisal, foreign-related service, etc. Therefore, the actual time from submitting the case materials to receiving the judgment is generally longer than the statutory trial period. For first-instance cases, a duration of approximately 3 to 6 months is typical; if the case involves service by public notice or an appraisal, an additional 1 to 3 months should be expected.

2. Original text of the legal basis

Article 126 of the Civil Procedure Law: People’s courts shall ensure that parties enjoy the right to bring a lawsuit as prescribed by law. A lawsuit that meets the requirements of Article 122 of this Law must be accepted. If the conditions for filing a lawsuit are met, the case shall be registered within seven days, and the parties shall be notified; if the conditions are not met, a ruling shall be issued within seven days rejecting the acceptance of the case. Article 152: Cases tried by the people’s courts under the ordinary procedure shall be concluded within six months from the date of filing. In cases of special circumstances requiring an extension, the extension may be granted for up to six months upon approval by the President of this Court; if a further extension is necessary, it shall be submitted to the higher-level people’s court for approval. Article 164: When the people’s court applies the summary procedure to hear a case, it shall conclude the trial within three months from the date of filing. In cases of special circumstances requiring an extension, with the approval of the President of this Court, the period may be extended by one month. Article 127, Item 7: In cases of divorce where the court has ruled against granting a divorce or where reconciliation was achieved through mediation, as well as in cases where the adoption relationship has been upheld by judgment or mediation, if the plaintiff files another lawsuit within six months without presenting any new facts or grounds, the case shall not be accepted. Article 1,079, paragraph 5 of the Civil Code: If, after a people’s court has ruled against granting a divorce, the parties continue to live separately for one full year, and one party subsequently files another divorce lawsuit, the divorce shall be granted.

3. the six variables that affect the cycle

1. Method of service: If the defendant’s whereabouts are unknown, service by public notice is required, with a notice period of 30 days that is not counted within the trial time limit, thereby extending the overall duration by approximately 1–2 months; if the defendant refuses to accept the documents, the court may effect service by detention or electronic means, which has a limited impact.
2. Objection to Jurisdiction: If the defendant raises an objection to jurisdiction within the period for filing a defense, the review of the objection, plus any potential second‑instance appeal, may add one to two months.
3. Valuation and Appraisal: For properties, equity interests, antiques, calligraphy, and paintings—where valuation disputes are significant—the appraisal period is not included in the statutory trialDeadline, which may extend the proceedings by 1 to 3 months; however, if both parties agree on the selection of the appraisal agency, the duration can be shortened.
4. The opposing party’s delaying tactics—such as deliberately refusing to acknowledge receipt of legal documents, repeatedly raising objections, or failing to appear in court—can prolong the proceedings. You may request the court to apply measures such as deemed service by detention or compulsory appearance in accordance with the law.
5. Foreign-related factors: If one party is abroad or has a foreign-related nationality, the foreign-related service period is long (according to treaties, diplomatic channels, etc.), and the overall time consumption is significantly increased.
6. Mediation Process: For cases with minor disputes where mediation is successful, the matter can be resolved as early as the pre-litigation mediation stage (the mediation agreement carries the same legal effect as a court judgment). For cases with significant disagreements, repeated mediation attempts may prolong the pre‑litigation phase—parties should clearly define their mediation red lines to avoid indefinite delays.

4. Practical recommendations for each stage

Before the prosecution: the materials (complaint, marriage certificate, identity certificate, birth certificate of children, property and evidence of emotional breakdown) shall be prepared at one time to avoid delay due to correction; if both parties have reached an agreement on the property and children, the time can be greatly shortened by submitting the draft agreement for mediation and closing the case; the jurisdiction court shall be confirmed to avoid the transfer of jurisdiction errors. The litigation request is written all at once (divorce, child support, property division, and fault compensation) to reduce subsequent litigation.

In litigation: Actively cooperate with mediation while firmly upholding your bottom line; promptly report to the judge in writing any malicious delays by the opposing party (such as refusing to accept court documents or filing unreasonable jurisdictional objections); strive to reach a mutually agreeable arrangement for selecting the property appraisal agency; and simultaneously work to strengthen your evidence during the period of service by public notice.

After the first non-judgment: separate immediately after the judgment takes effect and keep the evidence; Prepare the re-litigation materials one year before the separation is over, and sue again immediately after one year and quote the fifth paragraph of Article 1079 "Divorce shall be granted"; During the waiting period, we can still negotiate with the property and children, and it will save more time to settle the case through mediation if we can reach an agreement.

The common reasons and countermeasures of the 5.'s first non-judgment

The reasons why divorce is not allowed are concentrated in three categories, corresponding to different coping strategies:

1. Insufficient evidence; statutory circumstances not established—only one party’s statement is available, with no objective evidence such as police reports, rental agreements, or administrative penalty decisions. Response: Immediately after the verdict, complete the objective evidence, leave traces of separation, and submit "new evidence" when filing a new lawsuit ".
2. The other party disagrees and the court considers that there is still a possibility of reconciliation.—Mediation has not been fully exhausted, or the other party expressed a willingness to reconcile in court. Response: Adhere to factual statements and the presentation of evidence; where necessary, request a family affairs investigator to conduct on-site visits to verify the facts of separation and conflict; at the same time, prepare a contingency plan for re‑litigation.
3. Disputes over property and children are too significant, hindering the progress of the proceedings.—Due to an unclear inventory of assets, an incomplete valuation, and an unresolved child-support arrangement, the judge is inclined to address the disputes first. Response: Complete the list of property before prosecution, negotiate with the evaluation agency, and think clearly about the upbringing plan to reduce the seesaw in court trials.

(example, fiction) deduction: in a case in ningbo, for the first time, the woman sued the man for gambling debts and asked for divorce. however, due to the lack of objective evidence such as punishment record and the man's appearance in court to deny, the court ruled that divorce was not allowed. The woman separated immediately after the verdict and retained the rental flow, during which the man was punished by the public security organs for participating in the gambling again. After one year of separation, the woman filed another lawsuit and submitted a penalty decision and evidence of one-year separation. The court decided to grant divorce in accordance with the fifth paragraph of Article 1079, and the division of property was resolved at the same time. This example illustrates that the first instance of not granting a divorce is not a failure, but rather a way to gather evidence and allow time for a subsequent determination that a divorce should be granted.

6. The time cost of litigation expenses

The litigation cost of divorce cases also needs to be included in the time plan: ① Case acceptance fee -50 yuan to 300 yuan for each divorce case, involving the division of property and the total amount of property not exceeding 200000 yuan will not be paid separately, and the part exceeding 200000 yuan will be paid by 0.5; The summary procedure will be charged by half; ② Preservation fee-the application for property preservation will be charged by the target amount, with a ceiling of 5000 yuan; ③ Appraisal fee-real estate appraisal is charged according to the fee standard of the appraisal institution, which often costs thousands of yuan; ④ agency fee-if the agent is entrusted, it needs to be paid separately. Fees are not a direct cost of time, but insufficient budget may slow down the preservation and assessment stages. It is recommended to finalize the fee schedule before filing a lawsuit to avoid procedural delays caused by late payment of fees. In cases where a divorce is granted by judgment, the court filing fee is generally borne by both parties; in cases concluded through mediation, each party typically bears their own costs or shares them according to the terms of the agreement.

Operation list for 7. compression cycle

try to compress the time that can be compressed, and do it one by one:

1. The filing materials shall be prepared at one time: the complaint shall be written according to the court template (the lawsuit request is clear, the facts and reasons focus on the legal situation), and the marriage certificate, ID card, child birth certificate, evidence catalogue and photocopies shall be prepared according to the number of copies; the list published by the court shall be used for self-examination before filing and uploading the materials online, so as to avoid the cycle of "correction-return-submission.
2. agree to electronic service: sign the confirmation letter of electronic service when filing a case, and deliver the copy of complaint and court summons through short message and small procedure, which can save the time of mailing and announcement; the other party's whereabouts are unknown will be announced, so confirm whether the other party's address is valid before filing a lawsuit.
3. Priority application of simplified procedures: For cases involving minor disputes and simple property matters, courts generally apply simplified procedures (with a trial period of three months); parties who proactively cooperate with the court in applying small-claims or simplified procedures can expect faster scheduling. Be cautious when voluntarily requesting a case to be transferred to the ordinary procedure due to its complex nature, as the trial period will be doubled.
4. Opt for Online Trial: The Ningbo Courts support online hearings through the “People’s Courts Online Services” platform. When both parties consent and the technical conditions are met, this can reduce scheduling delays and travel time; parties involved in cross-border or out-of-town cases stand to benefit particularly.
5. The mediation window is flexible: if the other party is willing to talk about it, it is the fastest export to promote the settlement of the case through mediation in the pre-litigation mediation stage (the mediation statement has the same effect as the judgment); if the mediation price is too high, terminate the mediation in time and transfer the case to avoid the indefinite seesaw.
6. Time node ledger: make a ledger of the filing date, the time limit for adducing evidence, the date of hearing, and the expiration date of the trial limit, and actively communicate with the judge near the time limit, so as to prevent the case from being "airing" because the materials are not supplemented and the assessment is not done ".

8. Frequently Asked Questions

After filing a lawsuit, should the court grant a divorce relatively quickly?

Not soon. Divorce litigation involves identity relationship and property division, which must be mediated before trial: summary procedure is about 3 months, ordinary procedure is about 6 months, plus pre-litigation mediation and other links; if the divorce is not judged for the first time, the overall cycle may be more than one year.

If you don't get a divorce for the first time, can you get a divorce for the second time?

Not necessarily, the court still examines whether the relationship is broken. The most prudent approach is to separate immediately after the court rules against granting a divorce, and then file another lawsuit after one year of separation, citing Article 1079, paragraph 5, of the Civil Code, which stipulates that the court shall grant the divorce.

If the other party deliberately delays, can I just wait?

No. For delaying tactics such as refusing to acknowledge receipt of documents or raising groundless objections to jurisdiction, you may apply to the court for lawful handling (including service by detention, electronic service, and dismissal of the objection); failure to appear in court without justifiable cause may result in trial in absentia; and refusal to cooperate despite having the capacity to perform obligations may also trigger enforcement-related sanctions.

Is there any way to speed up the divorce?

on the path: agreement upon agreement (the fastest 31-day cooling-off period process); in the litigation, the materials are prepared at one time, the evidence is in place, and the mediation is coordinated, so as to strive for the first prosecution to be sentenced to divorce or mediation to close the case; in case of major property disputes, the evaluation agency should be negotiated first. There is no "expedited passage" in the program, but adequate preparation can avoid unnecessary rework.

Will it take six months to sue after one year of separation?

No. “Filing a divorce suit again after one year of separation following a judgment denying divorce” is a statutory ground for granting a divorce under the Civil Code and is not subject to the six-month restriction on refiling (the six-month restriction applies only to subsequent lawsuits brought without new circumstances or grounds; one year of separation itself constitutes a new fact).

9. Practical Insights from a Lawyer

People who ask "how long will it take" are likely to get out in a hurry, but the cycle is not driven out, but estimated by disassembling the links. Each step has a general interval for filing a case for review, service, scheduling of proof, hearing of evidence and sentencing. If the materials are complete and the delivery is smooth, it can be completed in a few months. If the materials are repeatedly supplemented, the other party refuses to accept them or their whereabouts are unknown, it may take a long time to deliver them. Therefore, it saves time to prepare the complaint, evidence, and the defendant’s accurate address and contact information all at once before filing the lawsuit, rather than trying to rectify any deficiencies after the case has been accepted.

What truly determines the pace of a case is often not the court, but whether the opposing party cooperates and how complex the assets are. If the other party is willing to mediate, it is usually faster to settle the case through mediation than to make a judgment. If it involves real estate appraisal, equity audit, domestic and foreign service or announcement, the time will be significantly longer. If you want to be quick, you must take the initiative to cooperate with the court's procedural arrangements, submit evidence in time and appear in court on time, and don't spend your time on supplementary materials and postponements because of your own delay. If there is a real risk of property transfer, preservation in advance can also avoid another round of procedures in the future.

It is also necessary to think about the fork road of "not judging for the first time" in advance. In many cases, the first prosecution is not sentenced to leave, and the overall time may double. Rather than passively waiting, you might as well use this time to do two things: first, continue gathering and solidifying evidence of the breakdown of the relationship and your separation, strengthening your case for the next lawsuit; second, if the other party is merely stalling, bring concrete proposals to the table and offer a clear settlement in exchange for a one‑time resolution—this often proves faster than initiating another round of litigation. Only when expectations are clearly communicated can one maintain a stable mindset.

The time account for filing a divorce lawsuit should be calculated three times: the first trial period (3-6 months), procedural variables (extra time for mediation, delivery and evaluation), and waiting for filing a lawsuit (six months or a full year of separation). The key to shortening the cycle lies in "preparation + strategy": the prosecution materials are prepared at one time, the evidence is organized around the statutory situation, mediation can be mediated, and the first time there is no judgment and immediate separation. Parties with unbearable time costs should prioritize the assessment of agreed divorce and mediation paths, with litigation as an alternative rather than the only option.

The compression cycle should also make good use of the two levers of "merger" and "mediation": if the other party files a counter-claim for property division in divorce proceedings, try to resolve it in the same procedure to avoid one more cycle of "divorce and then file a property lawsuit"; The last opportunity for mediation often appears before the court session and after the court debate-the judge's mediation plan based on finding out the facts is often the best balance between time and interests, instead of delaying it to the second instance and implementing it, it is better to strive for the "property transfer schedule + maintenance payment rhythm" to be finalized together in the mediation of the first instance. What needs to be made clear is: if the mediation is closed, the mediation agreement will take effect upon service, there will be no appeal and second instance cycle, and the basis for execution will be equally clear; If the other party delays mediation (repeatedly asking for price and signing for non-performance), the mediation will be terminated in time and transferred to the judgment. If the mediation agreement is not fulfilled, the liability for breach of contract may be claimed separately. In the final analysis, time management is the active control of "program nodes", rather than passive waiting.