According to the Civil Code of the People’s Republic of China and its Interpretations (collectively, the “Civil Code”), a claim for divorce may be sustained for certain legal grounds with or without fault on the part of the defendant.
 
1. Alienation of affection
Where both spouses declare that they no longer love each other and do not want to continue their marriage, they may apply for divorce registration before the marriage registration office of the competent civil affairs bureau if they enter into a written agreement on property/debt division and child custody, or file a divorce case before a competent court if they fail to enter into such a written agreement.
Where one spouse declares that he/she no longer loves his wife/her husband and does not want to continue their marriage, but the other spouse declares that she/he still loves her husband/his wife and hopes to continue their marriage, the court will reject the plaintiff’s claim for divorce unless there are other legal grounds for granting divorce.
According to the Civil Code, separation for more than two years, or for more than one year in the case of a divorce case for the second time, constitutes a legal ground for granting divorce. And a declaration of the presumed missing status of the defendant also constitutes a legal ground for granting divorce.
 
2. Fault
The Civil Code lists the following faults of the defendant as the legal grounds for granting divorce:

1. bigamy or cohabitation with any person other than his/her spouse;
2. domestic violence, or maltreatment or desertion of any family member; or
3. addiction to gambling or drugs which remains incorrigible;

In addition to the above, adultery, imprisonment, abandonment, and other serious faults of the defendant may also be deemed grounds for granting divorce. And if divorce is granted based on the defendant’s fault, the plaintiff is also entitled to claim damages from the defendant.