Divorce Lawsuit

Provisions of The Civil Code of the People’s Republic of China (2021) Regarding Divorce Lawsuit

(Copyright Notice: All the translated works and other contents in this CHINALAWBLOG are independently created by the author. No entity or individual may copy, reproduce, duplicate, or otherwise distribute them without the author's prior written permission.)

Article 1079. Either spouse intending to divorce may apply for mediation before a competent entity or directly file a petition with the people's court for divorce. In a divorce trial, the people's court shall mediate first and grant a divorce if the mediation fails due to loss of affection between the spouses. A divorce shall be granted if the mediation fails in the case of:

(1) either spouse's bigamy or cohabitation with any third party;

(2) either spouse's domestic violence, or maltreatment or desertion of any family member;

(3) either spouse's gambling, drug, or any other addiction which remains incorrigible;

(4) the spouses' separation for up to 2 years due to incompatibility; or

(5) any other cause which results in the alienation of affection.

A divorce shall be granted if either spouse files a petition for divorce after a declaration of the missing status of the other spouse is issued.

A divorce shall be granted if either spouse files a petition for divorce for a second time after their separation for one year since the date of the judgment to refuse their divorce made by the people's court.

Article 1080. The marriage between spouses shall be terminated on the date of the registration of their divorce, or the judgment granting their divorce, or entry into force of the mediation agreement between them.

The marriage between spouses shall be terminated on the date of the registration of their divorce, or the judgment granting their divorce, or entry into force of the mediation agreement between them.

Article 1081. Either spouse intending to divorce the other spouse who is on active military duty shall obtain the consent of the other spouse, except in case of a major fault on the part of the other spouse.

Article 1082. A husband shall not file for divorce during his wife's pregnancy, within one year after his wife's childbirth, or within six months after the termination of his wife's pregnancy unless the wife files for divorce or the people's court deems it necessary to accept the petition for divorce filed by the husband.

Article 1083. Where a divorced couple intend to remarry each other after their divorce, they shall appear in person before the competent marriage registration authority for re-registration of their marriage.