Divorce by agreement: 1. Applicable circumstances: both parties need to reach an agreement through consultation (divorce, child support and property division are all agreed through consultation, otherwise it cannot be handled; 2. Requirements: Both parties must be present in person and cannot be represented by others; 3. Advantages: fast speed and low cost; 4. Disadvantages: you must go to the marriage registration office where one party's household registration is located. It may be troublesome if the permanent residence of both parties is inconsistent with the place of household registration. In addition, the divorce agreement is not mandatory. If one party fails to perform, it needs to apply to the court for enforcement.
Litigation divorce: 1. Applicable situation: One of the three issues, divorce, child support or property division, cannot be reached by both parties and can only be solved through litigation. In addition, both parties who are married abroad and both are foreigners also need to divorce through litigation; 2. Requirements: Under normal circumstances, the parties will appear in court, but under special circumstances (such as it is not convenient for the parties to return home abroad), they can be handled by agents; 3. Advantages: wide range of application, mandatory implementation of documents. 4. Disadvantages: long time and high cost, which may involve legal fees and evaluation fees.
Article 1076 of the Civil Code: If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
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 shall 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 has 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.