It depends on the situation. It depends on my will. The court will mediate first.
If the couple's feelings are broken, they can agree to divorce.
If the negotiation fails to solve the problem, sufficient evidence has been collected on a legal basis, and the evidence of derailment is conclusive, the divorce can be filed with the court.
According to the law, if one of the men and women requests a divorce, the relevant departments can mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, 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.