The party who wants to divorce can bring the marriage certificate, ID card, residence booklet, petition and copy to the court of the defendant's domicile to file a divorce lawsuit. If the defendant's domicile is inconsistent with his/her habitual residence, it shall be under the jurisdiction of the court of his/her habitual residence.
After being accepted by the court, the mediation is invalid, and if the trial considers that the relationship between the husband and the wife has really broken, the divorce will be judged. The court took whether the feelings of both parties had really broken down as the legal condition for the divorce judgment.
Divorce shall be granted if the court 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.
[Legal Basis]
In Article 1079 of the Civil Code, if one of the husband and wife requests divorce, the relevant organization 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.
