If both husband and wife want to divorce, they can reach an agreement on divorce, and both parties can apply for divorce to the civil affairs bureau where the marriage is registered;
If no agreement can be reached, one party may bring a divorce lawsuit to the people's court of the domicile or habitual residence of the other party.
If one spouse wants to divorce, the other doesn't want to divorce, or both want to divorce, but they have different opinions on property division and child support, then they can go to court to sue for divorce, and the court will make a judgment according to the actual situation.
Legal basis:
Article 21 of the Civil Procedure Law of People's Republic of China (PRC)
A civil action brought against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence. A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled. Where the domiciles and habitual residences of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.