Relevant laws and regulations: "Marriage Law of the People's Republic of China"
Article 31 If both a man and a woman voluntarily divorce, the divorce shall be granted. Both parties must apply for divorce at the Marriage Registry Office. When the Marriage Registry confirms that both parties are truly willing and that children and property issues have been properly settled, a divorce certificate will be issued.
Article 32: If a man or woman requests divorce, the relevant departments may mediate or directly file a divorce lawsuit with the People's Court.
When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.
If mediation fails under any of the following circumstances, divorce shall be granted:
(1) Bigamy or a spouse living with others;
(2) Carrying out domestic violence or abusing or abandoning family members;
(3) Gambling, drug abuse and other bad habits;
(4) Living apart for more than two years due to emotional discord;
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(5) Other circumstances that lead to the breakdown of the marital relationship.
If one party is declared missing and the other party files for divorce, the divorce shall be granted.