If the party who wants to divorce disagrees, he can only sue for divorce.
 However, if there is no evidence to prove that the relationship between husband and wife is broken, the court usually makes a judgment for the first time. The premise of the court's decision on divorce is that the relationship between husband and wife is broken. The main manifestations of emotional breakdown are:
 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 mend their ways after repeated admonitions;
 4. Separated for 2 years due to emotional discord;
 5. Other situations that lead to the breakdown of the relationship between husband and wife.
 Legal basis:
 Article 1070 of the Civil Code: divorce proceedings
 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. 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