If the party at fault refuses to agree to divorce, the party without fault may file a divorce lawsuit with the people's court and submit the evidence of the other party's fault to the people's court;
 It is proved that the relationship between husband and wife has indeed broken, and the court will grant divorce if it is confirmed that the relationship between husband and wife is broken and there is no possibility of reconciliation. If the other party is at fault, the non fault party may also claim for divorce damages.
 [Legal Basis]
 In Article 1079 of the Civil Code, 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 states that the faultless party shall have the right to claim damages if divorce is caused by any of the following circumstances:
 （1） Bigamy;
 （2） Cohabitation with others;
 （3） Domestic violence;
 （4） Abuse or abandon family members;
 （5） There are other major faults.