If a person is sued for divorce and then refuses to go, the people's court may make a judgment by default after ascertaining the situation. If the litigant is sued for divorce, the people's court will send a subpoena to the litigant to participate in the trial. If the litigant does not participate in the trial, the people's court can make a judgment by default after finding out the situation. If the people's court believes that the relationship between husband and wife has really broken, it will agree to divorce, and then issue a divorce judgment to the litigant. After the judgment takes effect, the marriage relationship will be dissolved. According to the relevant laws and regulations, if one of the husband and wife requests divorce, the relevant organization 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.
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.
