Article 32 of China's Marriage Law stipulates that if one of the men and women requests divorce, the relevant departments can 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. Under the following circumstances
1、 If the mediation is invalid, the divorce shall be granted:
（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.
It can be seen from this provision that the cold war between husband and wife is not a legal plot of emotional breakdown, although the cold war does have a strong destructive effect on the feelings of husband and wife. No matter how long the Cold War lasts, it will not lead to the automatic dissolution of the marriage relationship, nor will it become the basis for the court to judge divorce. However, if the other party does not agree to divorce after two years of separation in the Cold War, it can file a divorce lawsuit. As long as it can be proved that the separation due to emotional discord has lasted for two years, the court will consider a divorce.
Legal basis:
Article 32 of the Marriage Law of the People's Republic of China
If one of the men and women requests a divorce, the relevant department 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. Under the following circumstances
1、 If the mediation is invalid, the divorce shall be granted:
（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.
