How many days do I have to get a divorce and how long does it take for a divorce to be granted

Generally, the court will make a decision within six months.

Legal analysis: How long it takes to decide a divorce depends on the actual situation. If there is only a first-instance trial procedure for a divorce case, the summary procedure shall be used for trial at the latest for a maximum of three months plus 15 days.

A minimum of six months plus 15 days for ordinary proceedings will be heard. If there is a second-instance procedure, three additional months are added to the first-instance procedure.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the consensus on matters such as child support, property and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

It takes three months to file a divorce lawsuit in accordance with the summary procedure, six months according to the ordinary procedure, and three months to the second instance. Therefore, divorce disputes can generally be granted in as little as three months and as long as six months. The process of suing for divorce is as follows:

1. Prosecution. Either spouse may file his or her own claim with the people's court, that is, the dissolution of the marriage. Generally speaking, the plaintiff in a divorce lawsuit should file a lawsuit with the people's court where the other party's household registration is located, but if the other party does not reside in the place of household registration, then the plaintiff must submit a lawsuit application to the people's court where the defendant has a habitual residence.

When filing a lawsuit, the plaintiff should submit the complaint and relevant documents, such as the personal information of both parties, the claim of the lawsuit and the relevant reasons and actual circumstances, and submit relevant evidence and witness information;

2. The people's court will conduct the trial in accordance with the law, which includes three stages: preparation before the trial, mediation and trial. During the review phase, the adjudicator will review the relevant materials of the litigation and conduct an investigation and collect evidence. Generally, after the people's court accepts the case, it will first conduct mediation between the parties to see if an agreement can be reached.

If the mediation fails, it will be tried first, and inquiries and court arguments will be conducted. It should be noted that if the mediation is successful and the parties can reconcile, the court will file a record of the agreement, but generally will not issue a mediation letter. If a divorce agreement is reached, a mediation letter is issued, and the legal effect of the mediation letter and the judgment is the same;

3. Make a final judgment. The court will conduct mediation based on the outcome of the trial, and if the mediation is unsuccessful, the final verdict will be announced. When the court announces the verdict, it is always public, and if the verdict is pronounced in court, the verdict will be served within 10 days; If the verdict is pronounced on a regular basis, the verdict is issued after the verdict is pronounced.

If either spouse is not satisfied with the result, he or she may appeal to the court at the next higher level and proceed to the second instance stage.

Legal basisArticle 149 of the Civil Procedure Law of the People's Republic of China.

In any of the following circumstances, the trial may be extended:

1) Parties and other litigation participants who must appear in court have a legitimate reason for not appearing in court;

2) The parties temporarily submit an application for recusal;

3) It is necessary to notify new witnesses to appear in court, to collect new evidence, to conduct a new appraisal or inquest, or to supplement the investigation;

4) Other circumstances that should be extended.

Generally speaking, the court of first instance of a divorce case will generally conclude the trial within six months (15 months in special circumstances), and if the summary procedure is applied, the time limit is three months. If the appeal is not satisfied with the judgment of the court of first instance, the trial will generally be completed within three months (or six months in special circumstances).

Legal basis: Article 135 of the Civil Procedure Law stipulates that a case tried by a people's court applying ordinary procedures shall be concluded within six months from the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

Article 170 of the Supreme People's Court's "Opinions on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China" Article 170 The time limit for trial of suspected cases applying the summary procedures must not be extended. In the course of trial, if it is discovered that the case is complicated and needs to be transferred to ordinary procedures, it may be changed to ordinary procedures, and the collegial panel will conduct the trial, and both parties are to be promptly notified. The time limit for trial is calculated from the day after the case is filed.

Legal analysis: If the divorce case is relatively simple and the summary procedure is applied, the court generally needs to conclude the trial within three months; If the case is more complicated, the court generally needs to conclude the case within six months, and in general, it takes 3 to 6 months from the divorce to the judgment.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 149:People's courts applying ordinary procedures shall conclude trial within six months of the date on which the case is filed. Where there are special circumstances that require an extension, the judgment may be extended by six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.