The answers to your questions are as follows:
It can be negotiated by both parties. If it is not possible to negotiate, a divorce shall be filed with the court. The court shall determine the criteria for divorce (if the legal condition for divorce is that one of the men and women requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. The people's court shall mediate when hearing a divorce case; if the feelings have really broken down and the mediation is invalid, the divorce shall be granted. Divorce shall be granted if mediation fails under any of the following circumstances:
（1） Bigamy or cohabitation of a married person with another person;
（2） Committing domestic violence or maltreating or abandoning family members;
（3） Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;
（4） Separated for two years 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.) It refers to whether the relationship between husband and wife has really broken down. If this standard is met, they should be sentenced to divorce. At the time of divorce, common property and debts are generally divided equally, and personal property and debts belong to individuals. If there is no fault or both parties are at fault, no compensation will be made to each other in divorce. Otherwise, the non fault party has the right to claim against the fault party.
If there is a child, when the child is less than two years old, it is generally given priority to the mother. When the child is two years old, it is negotiated first. If the negotiation fails, the court will determine the ownership of the child according to the actual conditions of both parties in the principle of being beneficial to the child's growth. When the child is ten years old, the court will also ask for the child's opinion.
