Count the cost of leaving: negotiated divorce has a 30-day cooling-off period; litigated divorce has statutory conditions

Negotiated divorce is not finished when you sign. Within 30 days after filing the application, either side can withdraw. After that period both must still appear in person within 30 days to collect the divorce certificate; not going counts as withdrawal. If the other side disagrees, you can only sue. The court mediates first; with domestic violence, bigamy, living apart for two full years, and similar situations, if mediation fails the court shall grant divorce.

Cost

No money. Before marriage spend a little time reading: if you ever leave, how long it takes and what procedure. The hard part is thinking about breaking up before you marry.

Benefit

Negotiated divorce requires a written divorce agreement and a personal application at the marriage-registration authority (Article 1076). Within 30 days from the day the registration authority receives the application, either side may withdraw. Within 30 days after that period ends, both must personally apply for the divorce certificate; not applying counts as withdrawal (Article 1077). When one side disagrees, go to litigation; the court should mediate first. With bigamy or cohabitation with another person, domestic violence or abuse or abandonment, gambling or drug use that is repeatedly unreformed, living apart for two full years because of emotional breakdown, and similar situations, if mediation fails divorce shall be granted. If divorce was refused and they then live apart for one full year, a new suit shall be granted (Article 1079). In 2024 there were 3513000 divorces nationwide, of which 891000 went through court judgment or mediation.

Notes

The cooling-off period applies only to negotiated divorce. Litigated divorce has no cooling-off period, but the cycle is longer. Litigation fees and lawyer fees differ by place; this item does not write figures. A high cost of leaving does not mean you should not marry, but you should know these facts before marrying. If there are children, how to write support and visitation is in item 23 of this section (child support and visitation).

Sources · 3

1. 全国人民代表大会 (2020). 中华人民共和国民法典（第一千零七十六、一千零七十七、一千零七十九条）. gongbao.court.gov.cn/Details/7f184078694d811f…
2. 民政部 (2020). 关于贯彻落实《中华人民共和国民法典》中有关婚姻登记规定的通知（民发〔2020〕116 号）. gov.cn/zhengce/zhengceku/2020-12/04/content_5…
3. 民政部 (2025). 2024 年民政事业发展统计公报. 题录同第 7 条（结婚率、离婚率各是什么口径）