Article 1079 of the Civil Code

Legal analysis: Article 1079 of the Civil Code deals with mediation outside litigation and divorce in litigation. This article mainly supplements the reasons that lead to the breakdown of husband and wife's feelings and the reasons that show the disharmony of husband and wife's feelings, so as to apply the provisions of the Marriage Law on the conditions of litigation divorce more accurately in judicial trials.

Legal basis: Article 1079 of the Civil Code of People's Republic of China (PRC), if one of the spouses requests a divorce, the relevant organization can mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's courts 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; (4) separated for two years due to emotional disharmony; (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.