1. Both parties can divorce by agreement or through litigation.
2. If both men and women ask for divorce, the relevant departments can mediate or bring divorce proceedings directly to the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has really broken down and mediation fails, divorce shall be granted. In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or a spouse living with others.
(2) committing domestic violence or abusing or abandoning family members.
(three) gambling, drug abuse and other bad habits.
(4) Having been separated for two years due to emotional disharmony.
(5) Other circumstances that lead to the breakdown of the marriage relationship. It depends on the situation.
2. After divorce, for the children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses, and the amount and duration of the expenses shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.
An agreement or judgment on the child's living expenses and education expenses shall not prevent the child from making a reasonable request to either parent for more than the original amount of the agreement or judgment when necessary.
3. Article 39 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, 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.
The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.
Article 40 Husband and wife agree in writing that the property acquired during the marriage relationship shall be owned by each other. If one party pays more obligations for raising children, caring for the elderly and assisting the other party in work. , it has the right to demand compensation from the other party at the time of divorce, and the other party shall pay compensation.
Article 41 At the time of divorce, the debts incurred by the husband and wife living together shall be paid jointly. * * * If the same property is not paid off, or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.
Article 42 In the event of divorce, if one party has difficulties in life, the other party shall give appropriate help from his personal property such as his house. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.
4. In case of divorce under any of the following circumstances, the innocent party has the right to claim damages:
(1) bigamy
(two) a spouse living with others.
(3) domestic violence
(4) maltreating or abandoning family members.