The legal reason for divorce in China is divorce due to emotional breakdown, and the court has clearly stipulated separation. Couples who have been separated for two years due to complete emotional breakdown can file a lawsuit to the court for automatic divorce. Generally, as long as the applicant can prove that the two parties have lived apart for at least two years and it is impossible to reunite, the judge will approve the divorce. It is worth noting that the court will probably not decide to divorce the couple only after they have separated for several years if the time requirement is met. Another core requirement that needs to be met is that the relationship between husband and wife is completely broken according to the law. As long as this is met and the fact of separation can be proved, the court can force you to divorce. Otherwise, if the separation time is longer, and the husband does not agree to coordinate the divorce, the court will not force a divorce.
Legal basis
Article 1079 of the Civil Code of the People's Republic of China [Litigation Divorce] If one of the husband and wife requests divorce, relevant organizations may mediate or directly file a divorce lawsuit with the people's court.
When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.
Divorce shall be granted if mediation fails in any of the following circumstances:
（1） Bigamy or cohabitation with others;
（2） Domestic violence or maltreatment or desertion of family members;
（3） Gambling, drug abuse and other bad habits persist in teaching;
（4） Two years of separation 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.
Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.
