The time of separation determined by the court shall be calculated from the time when the two parties live separately and do not perform the obligations between the husband and the wife due to the incompatibility of their feelings.
 Article 32 of China's Marriage Law stipulates that 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.