If the two parties fail to reach an agreement on the divorce matters in the case of bigamy, they may file a lawsuit for divorce in the court. The cases identified as bigamy include: ① legal bigamy: it refers to the marriage registration with others before the dissolution of the previous marriage. In China, where single registered marriage is practiced, bigamy is constituted when both parties go through marriage registration regardless of cohabitation. ② Factual bigamy: refers to previous marriage that has not been dissolved, but lives together with others in the name of husband and wife without going through marriage registration procedures. Both parties openly live together in the name of husband and wife, and although no marriage registration has been handled, it has constituted bigamy. Under any of the following circumstances, it shall be deemed that they live together in the name of husband and wife:
 First, a married person holds a marriage ceremony with another person;
 Second, a person with a spouse, although not holding a marriage ceremony with others, is called a husband and wife or considers himself or herself as a husband and wife.
 If one party commits bigamy, the other party may not only file a lawsuit for divorce, but also the faultless party has the right to claim damages, and may file a criminal private prosecution to the court to request that the bigamist be found guilty of bigamy and receive a criminal punishment of not more than two years' imprisonment or criminal detention.
 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.
 Article 1091 of the Civil Code of the People's Republic of China
 If one of the following circumstances leads to divorce, the innocent party has 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.