If the husband and wife have not reached a divorce agreement, they can bring a divorce lawsuit to the people's court with jurisdiction, and resolve the related disputes by suing for divorce. The procedures for suing for divorce include three stages: suing, defense, and trial. The details are as follows:
（1） Prosecution.
1. The plaintiff submits the indictment, copies and relevant evidence;
2. The court shall accept the case and make a decision to accept it and put the case on file if the case complies with the law after examination.
（2） Defense.
1. The court shall serve a copy of the plaintiff's indictment on the defendant within five days from the date of the court's decision to file the case, and inform the defendant to make a written defense;
2. The defendant shall make a written defense within 15 days from the date of receiving the copy of the indictment, and the case shall be heard as usual if he does not make a defense.
（3） Trial.
1. The court arranges the hearing time and sends summonses to both parties;
2. Conducting pre court mediation or hearing if mediation fails;
3. Divorce shall be granted if it is determined that the relationship has indeed broken down and mediation is invalid.
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.
