If it is irretrievable, it can be divorced by agreement, and the two parties shall agree in the divorce agreement on the division of property, child rearing and other issues. If no agreement can be reached, you can sue for divorce in the court. If domestic violence leads to divorce, the innocent party has the right to claim damages. According to the relevant laws and regulations, 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.
Legal basis:
Civil Code
Article 1079 If one of the husband and wife requests divorce, the 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 1091 In any of the following circumstances, which leads to divorce, the faultless party shall have the right to claim damages:
(1) Bigamy;
(2) Cohabitation with others;
(3) Domestic violence;
(4) Abuse or abandon family members;
(5) There are other major faults.