Litigation divorce refers to a divorce system in which one of the parties to a marriage brings a divorce lawsuit to the people's court and the people's court makes a mediation or judgment because they cannot reach an agreement on the divorce or the disposition of property and debts after divorce.
 1. In order to fully implement the basic principle of freedom of marriage and follow the principle of free divorce, both parties to a marriage can file a divorce lawsuit during its existence. On whether they are at fault, both parties are equal in claims of divorce proceedings.
 2. Compared with the divorce legislation on both sides of the Taiwan Straits, the procedure of divorce litigation and mediation both advocate that mediation is the necessary procedure for the trial of divorce cases. However, the mainland mediates during the trial, while Taiwan mediates before the trial. Article 577 of the Taiwan Civil Procedure Law stipulates that "divorce and cohabitation actions shall be mediated by the court before they are filed." The criterion for whether the court decides to grant divorce in a divorce case is whether the husband and wife are "really broken". How to determine "the relationship between husband and wife has really broken down", or the spouse cohabits with others; Commit or maltreat or abandon family members; Gambling, drug abuse and other bad habits persist in teaching; Separated for 2 years due to emotional discord; Other situations that lead to the breakdown of the relationship between husband and wife. In addition, if one party is declared missing and the other party files a divorce lawsuit, the people's court shall also approve the divorce.