No divorce appeal is allowed to change the judgment. For the divorce dispute on appeal, the divorce shall be granted if it is proved that the relationship between the husband and the wife is broken in the court and the mediation fails. Both husband and wife have bigamy or cohabitation with others; Domestic violence or maltreatment or desertion of family members; Gambling, drug abuse and other bad habits persist in teaching; Divorce shall be granted by the court if mediation fails due to emotional discord and separation for two years or more.
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.