Divorce includes two forms: divorce by agreement and divorce by judgment of the court. In case of divorce by agreement, both parties of the marriage shall reach a divorce agreement on matters such as child rearing and property distribution, and then apply for divorce at the marriage registration authority. If the divorce is decided, the party who filed the divorce must file a lawsuit to the court.
 1. In case of divorce, the division of common property is based on the will of both parties. Article 31 of the Marriage Law: "Divorce is allowed if both men and women wish to divorce. Both parties must apply for divorce at the marriage registration office. The marriage registration office will issue a divorce certificate when it is found that both parties are indeed willing and have properly handled the problems of children and property." Article 39: "At the time of divorce, if both parties fail to reach an agreement on the disposition of the couple's common property, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman." 2. If a divorce is reached by agreement, generally speaking, the issues involved include the custody of minor children and the division of common property, If both parties reach an agreement on these two issues, they can take this agreement and other relevant procedures to the marriage registration office to handle divorce registration. Article 14 of the Regulations on the Administration of Marriage Registration: "In case of divorce, both parties must go to the marriage registration administration organ in the place where one party's household registration is located to apply for divorce registration in person, and shall present the following certificates and certificates: one household registration certificate, two resident identity cards, three letters of introduction issued by the unit, the village people's committee or the residents' committee, four divorce agreements, and five marriage certificates." Article 15: "The divorce agreement shall clearly state the parties' declaration of intention to divorce, child support, economic assistance for one of the spouses who is in difficulty in life, property and debt disposal and other agreed matters. The contents of the agreement shall be conducive to the protection of the legitimate rights and interests of women and children." Article 16: "The marriage registration administration organ shall review the divorce application of the party concerned, and shall, within one month from the date of accepting the application, register those who meet the conditions for divorce, issue a divorce certificate and cancel the marriage certificate. The party concerned shall terminate the relationship between husband and wife from the date of obtaining the divorce certificate." 3. If no agreement can be reached through consultation, You need to file a divorce lawsuit to the court. If there is domestic violence or one of them cohabits with others, the other party has the right to claim damages, including mental damages, at the same time of divorce. Such compensation is in addition to the division of common property. The court will also mediate the division of common property. If the mediation fails, the court will make a judgment in accordance with the provisions of the Marriage Law and the principle of caring for the rights and interests of children and women. If one party has difficulties in life after divorce, the other party shall also give appropriate help. Article 42 of the Marriage Law: "In the event of divorce, if one party has difficulties in living, the other party should give appropriate help from his or her housing and other personal property. The specific measures should be decided by the people's court when the two parties fail to reach an agreement." Article 46: "In one of the following circumstances, which leads to divorce, the innocent party has the right to claim damages: bigamy; 2 cohabitation of a married person with another person; 3 committing domestic violence; 4 maltreating abandoning family members. " Article 1 of Interpretation I of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China: "Domestic violence" referred to in Articles 3, 32, 43, 45 and 46 of the Marriage Law refers to the act of beating, binding, maiming, forcibly restricting personal freedom or other means that the perpetrator gives his family members the body Behavior that causes certain harmful consequences in terms of spirit. Persistent and regular domestic violence constitutes abuse. " Article 2: "The situation of" a person with a spouse cohabiting with another person "as stipulated in Articles 3, 32 and 46 of the Marriage Law refers to the situation of a person with a spouse cohabiting with another person of the opposite sex outside of marriage, not in the name of husband and wife, in a continuous and stable manner." Article 27: "One party has difficulty in living" as mentioned in Article 42 of the Marriage Law means that it is unable to maintain the basic local living standard by relying on personal property and the property shared at the time of divorce. If one party has no place to live after divorce, it belongs to living difficulties. At the time of divorce, one party can help the people in difficulty with the housing in his personal property, which can be the right to live or the ownership of the housing. " 4. It is not legally important which party applies for divorce.
 5. Civil cases usually take six months. In case of special circumstances, it can be postponed.