According to article 1079 of the Civil Code of People's Republic of China (PRC), if one of the spouses requests a divorce, the relevant organizations can 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. Divorce shall be granted if mediation fails under any of the following circumstances: (1) 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.
How to sue for divorce in domestic violence
The divorce process of domestic violence prosecution is as follows: 1. Write a divorce complaint; 2. Prepare the evidence needed for litigation. The evidence mentioned here mainly refers to the original and photocopy of domestic violence evidence, marriage certificate, ID card, child's household registration book or birth certificate, and relevant property evidence, including the original and photocopy of real estate license; 3. Go to the court where the defendant's household registration is located or where both parties have lived together for more than 1 year, and go through the relevant formalities in the filing court; 4. The filing court examines whether to accept the divorce case and pay the litigation costs; 5. After the court accepts the divorce case, it will deliver the copy of the complaint, evidence and other materials to the other party within the legal time. The court arranges the court session time and sends subpoenas to both parties; 6. Divorce mediation is a necessary procedure stipulated by law, and the court will organize both parties to conduct divorce mediation. If the mediation is successful, a civil mediation document shall be issued. If the divorce is not agreed or the mediation is unsuccessful, the court session will continue.