[Legal Opinion]
 You can sue for divorce even if the other party is missing. The people's court shall accept the case in which one spouse's whereabouts are unknown and the other spouse brings a lawsuit to the people's court, asking only for divorce and not for declaring the missing or dead of the missing person, and serve litigation documents on the missing person by public announcement.
 [Legal Basis]
 According to Article 151 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China, "If one spouse's whereabouts are unknown and the other party brings a lawsuit to the people's court, the people's court shall accept the case of divorce only and not apply for declaring the missing or dead of the missing person, and serve litigation documents on the missing person by public announcement."
 According to Article 84 of the Civil Procedure Law of the People's Republic of China, "If the whereabouts of the addressee is unknown, or the service cannot be made by other service methods specified in this section, the service shall be made by public announcement. Sixty days from the date of the public announcement, the service shall be deemed to have been made."
 If the defendant does not appear in court and does not respond to the lawsuit within the hearing time specified by the court, the court may hear and make a judgment by default.
 In other words, it is not necessary to declare disappearance or death, but it is also possible to sue for divorce, and it is also possible to judge divorce.
 Marriage Law of the People's Republic of China
 Article 31 Divorce shall be granted if both men and women wish to divorce. Both parties must apply for divorce at the marriage registration office. The marriage registration authority shall issue a divorce certificate when it finds out that both parties are indeed willing and have properly dealt with children and property issues.
 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 divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted.
 Divorce shall be granted if mediation fails under any of the following circumstances:
 （1） Bigamy or cohabitation of a married person with another person;
 （2） Committing domestic violence or maltreating or abandoning family members;
 （3） Those who have bad habits such as gambling and drug abuse and refuse to change 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.