When the child is one and a half years old, both parties can bring a lawsuit to the people's court of the jurisdiction, and divorce through litigation. If the marriage registration authority does not accept the divorce application, it can bring a lawsuit in the court. The plaintiff needs to bring a lawsuit in the people's court at the defendant's domicile (domicile place) or residence (residence outside the domicile place for more than one year), and the court will decide the divorce.
After the people's court accepts the divorce case, it shall first mediate. If a reconciliation agreement is reached after mediation, it shall be handled as withdrawal of the lawsuit. If a divorce agreement is reached after mediation, a mediation statement shall be prepared.
If the people's court cannot reach an agreement after mediation, it shall hold a court session to hear the case, and make a judgment on whether or not to grant divorce based on whether or not the feelings of the two parties have broken. If it is determined that the feelings have really broken and the mediation is invalid, divorce shall be granted.
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.
