If one of the husband and wife runs away from home, the other party can sue for divorce. If the party who runs away from home cannot confirm his or her whereabouts, the spouse may first apply to the court for declaration of disappearance; Then file a divorce lawsuit to the court. If one party is declared missing and the other party files a divorce lawsuit, the people's court shall approve the 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.
