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What are the ways of divorce in China
Time:2025-08-28 Views:1806
The way to file for divorce: Generally, the party who wants to divorce submits a lawsuit, copies, and relevant evidence materials to the people's court with jurisdiction. The people's court shall review the materials submitted by the parties and decide whether to accept them. After the people's court accepts the case and the plaintiff pays the litigation fees in advance, the court shall serve legal documents such as copies of the complaint and court summons in accordance with the law. If mediation by the court is unsuccessful during the trial and it is confirmed that the relationship has broken down, divorce should be granted.
The legal basis for divorce litigation:
If one spouse requests divorce, relevant organizations can mediate or directly file a divorce lawsuit with the people's court.
2. The people's court shall conduct mediation in the trial of divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
If mediation is ineffective in any of the following circumstances, divorce shall be granted:
(1) Bigamy or cohabitation with others;
(2) Engaging in domestic violence, abuse, or abandonment of family members;
(3) Having bad habits such as gambling and drug abuse that persist despite repeated warnings;
(4) Separated for two years due to emotional discord;
(5) Other situations that lead to the breakdown of marital relationships.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
If one party files a divorce lawsuit again after the people's court has ruled against divorce and both parties have been separated for one year, the divorce shall be granted. Sichuan Faneng Law Firm is dedicated to serving you.