The divorce procedure of husband and wife can be divided into the procedure of divorce by agreement and the procedure of divorce by litigation, as follows:
1、 The procedures for divorce by agreement are as follows:
1. The divorced men and women jointly apply to the marriage registration office of the district/county civil affairs bureau (or town people's government) where one party's permanent residence is located;
2. Both parties shall fill in the Declaration of Application for Divorce Registration, and sign or fingerprint;
3. Both parties personally sign the divorce agreement in front of the marriage registrar;
4. The marriage registration authority shall examine the certificates, agreements and evidentiary materials submitted by the parties to the divorce, and register if they meet the conditions for divorce registration.
2、 The procedure for divorce proceedings is as follows:
1. Institute legal proceedings;
2. Court acceptance;
3. Trial;
4. Mediation or judgment.
Article 31 of the Marriage Law stipulates that 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 stipulates that 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.
Under the following circumstances
1、 If mediation fails, divorce shall be granted:
（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.
