If one party is serving a sentence in a detention house, the other party usually divorce through litigation. The plaintiff files a divorce lawsuit with the local people's court, and the court will make a judgment. The Marriage Law of the People's Republic of China stipulates that divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit. The Civil Procedure Law also stipulates that the following civil actions shall be under the jurisdiction of the people's court where the plaintiff is domiciled:; If the plaintiff's domicile is inconsistent with his habitual residence, the people's court of the plaintiff's habitual residence shall have jurisdiction over the lawsuit concerning identity relationship brought against a person who does not reside in the territory of the People's Republic of China; Litigations concerning the identity of persons whose whereabouts are unknown or who have been declared missing; Litigation against the person who has taken compulsory educational measures; A lawsuit brought against a person who is imprisoned.