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Litigation for divorce is filed in the court of the defendant's domicile, or in the court of the defendant's domicile where the defendant has resided for more than one year. The first instance usually lasts six months. If evidence can be adduced to prove that the relationship between husband and wife is broken, that is, the other party has 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.
The court shall adjudicate divorce. In the absence of the above evidence, the court will not judge the divorce for the first time, but can sue again after half a year, and the court should generally judge the divorce for the second time.
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.