If one party does not agree to divorce, the divorce shall be in the form of litigation divorce and request for divorce.
 Article 32 of the Marriage Law [Divorce proceedings] If one of the men and women requests divorce, the relevant departments can 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.