The disappearance of one spouse for a long time does not mean the dissolution of the marriage relationship. In case of divorce due to Party B's disappearance, only a lawsuit can be filed for divorce, and a claim for declaration of disappearance needs to be made to the basic people's court in the place where the missing person resides. After the court makes a notice of disappearance, the party concerned can claim for divorce according to law, and the court shall grant the divorce.
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.
Article 183 of the Civil Procedure Law of the People's Republic of China (2017 Revision)
If a citizen's whereabouts have been unknown for two years and an interested person applies for declaring him missing, he shall file an application with the basic people's court in the place where the missing person resides. The application shall state the fact, time and request of the disappearance, and shall be accompanied by a written certificate from the public security organ or other relevant organs that the citizen's whereabouts are unknown.
