1. The judge will first ask the names and birth dates of the plaintiff and the defendant, check the identity information and agent information of the parties, and generally need to make their own statements.
2. After checking the identity information, the judge will ask the plaintiff to state the claim in court to clarify which items are changed from the statement of complaint, whether to ask for an increase and modify the claim. Generally, it is decided that both husband and wife should divorce, who should directly support the children, how much the other party should pay for the monthly maintenance, and how to divide the joint property of husband and wife.
3. Later, the defendant will be asked to issue opinions on the plaintiff's claims, such as whether to agree to divorce, what are the reasons, and what are the opinions on child rearing and property division.
4. After answering the above questions, the court will ask, usually the plaintiff. In addition to the contents of the indictment, what are the problems between husband and wife, and whether the other party has legal fault facts.
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.
Legal basis
Article 1079 of the Civil Code of the People's Republic of China [Litigation Divorce] If one of the husband and wife requests divorce, relevant organizations may mediate or directly file a divorce lawsuit with the people's court.
When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.
Divorce shall be granted if mediation fails in any of the following circumstances:
（1） Bigamy or cohabitation with others;
（2） Domestic violence or maltreatment or desertion of family members;
（3） Gambling, drug abuse and other bad habits persist in teaching;
（4） Two years of separation 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.
Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.
