[Legal Opinion]
 Divorce is one thing, and property division is another. Just for the convenience of litigation, they are tried together. But in fact, there should be two judgments, one is whether divorce is allowed. One is the property division standard. The fact that the property is not divided does not affect the decision on divorce.
 As long as the relationship between the husband and wife breaks down and the two parties fail to reach an agreement, the party requesting divorce can directly file a lawsuit for divorce to the court.
 [Legal Basis]
 The Marriage Law of the People's Republic of China stipulates that:
 Article 31
 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
 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.
 Article 33
 The spouse of an active serviceman who wishes to divorce must obtain the consent of the serviceman, unless the serviceman has made a serious mistake.