If one party requests a divorce, both parties can negotiate first. If you ask for a divorce just because your family is in a bad situation, you don't have to divorce. After all, business is profitable, profitable. The relationship between husband and wife should be the key to whether marriage is required. Both parties can negotiate on divorce first, whether to divorce, and sign a written divorce agreement after the husband and wife reach an agreement on property division, debt distribution, child custody and other issues after divorce. If one party does not agree to divorce, or cannot reach an agreement on issues such as property and custody of children, it can file a divorce lawsuit with the court.

legal ground

civil law

Article 1076 Where a husband and wife voluntarily agree to divorce, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration office in person.

The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.

Article 1077 Cooling-off Period for Divorce Within 30 days from the date when the marriage registration office receives the application for divorce registration, if one party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration office.

Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.

Article 1078 If the marriage registration authority that registered the divorce finds out that both parties really divorced voluntarily and reached an agreement on matters such as child support, property and debt handling, it shall register and issue a divorce certificate.

Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.