[Legal Opinion]
The condition for divorce has always been that the feelings have really broken down, mediation is invalid, and divorce is granted.
[Legal Basis]
Marriage Law
Article 32 If one of the men and women requests divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.
When hearing a divorce case, the people's court shall conduct mediation. If the feelings have really broken down and the mediation is ineffective, divorce shall be granted.
Divorce shall be granted if mediation fails under any of the following circumstances:
(1) Bigamy or cohabitation with others
(2) Committing domestic violence or abusing or abandoning family members
(3) Gambling, drug taking and other bad habits persist after repeated education
(4) Separated for two years due to emotional discord
(5) Other situations that lead to the breakdown of the relationship between husband and wife.
Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.