The way of divorce without a divorce agreement is: you can file a lawsuit for divorce with the people's court. If the court considers that mediation is invalid when the couple's feelings break down, it can make a divorce judgment. In addition, if one party's bad habits, such as bigamy, cohabitation, domestic violence, maltreatment, drug abuse, etc., remain incorrigible after repeated education, and separation due to emotional discord for two years or more, the court shall make a judgment of divorce.
Legal basis:
Article 1079 of the Civil Code of the People's Republic of China
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.
