If mediation fails, divorce shall be granted as follows:
1, bigamy or cohabitation with others;
2, the implementation of domestic violence or abuse, abandonment of family members;
3. Bad hobbies such as gambling and drug abuse;
4. Separated for two years due to emotional disharmony;
5. Other circumstances leading to the breakdown of the relationship between husband and wife.
To sum up, natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor. Personal information of natural persons is protected by law. Any organization or individual who needs to obtain other people's personal information shall obtain and ensure the information security according to law, and shall not illegally collect, use, process or transmit other people's personal information, or illegally buy, sell, provide or disclose other people's personal information.
Legal basis:
Article 110 of the Civil Code of People's Republic of China (PRC)
Natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy.
Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.
Article 157
After a civil juristic act is invalid, revoked or deemed invalid, the property acquired by the actor as a result of the act shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses thus suffered; If all parties are at fault, they shall bear their respective responsibilities. Where there are other provisions in the law, those provisions shall prevail.
Article 1065
Both men and women may agree that the property acquired during the marriage relationship and the property before marriage belong to themselves, all or part of it, and part of it. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply.
The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties.
The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband and wife should be used to pay off the debts owed by the husband and wife.
Article 1066
During the marriage relationship, under any of the following circumstances, one of the spouses may request the people's court to divide the same property:
(1) One party conceals, transfers, sells, damages or squanders the property of the husband and wife, or forges the debts of the husband and wife, which seriously damages the interests of the husband and wife;
(two) one party has a legal obligation to support the person who needs medical treatment because of a serious illness, and the other party does not agree to pay the relevant medical expenses.
Article 1079
If one of the spouses requests a divorce, the relevant organizations 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.