In China, there are two ways of divorce: agreement divorce and prosecution divorce. If one party disagrees with the divorce and the other party brings a lawsuit to the court, or the two parties cannot reach an agreement on the division of property and child rearing, they may bring a lawsuit to the court.
In the case of divorce proceedings, it is necessary to go to the basic people's law of the defendant's domicile to propose that a petition of complaint, identity card, marriage certificate should be prepared. If the custody of children is involved, the birth certificate of children should also be prepared.
[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.