Civil Code - Divorce
Chapter IV Divorce
Article 1076 Where spouses agree to a divorce of their free will, they shall enter into a written divorce agreement and appear in person before the competent marriage registration authority to apply for divorce registration.
A divorce agreement shall contain a manifestation of the spouses' mutual assent to divorce, and an agreement between the spouses on the guardianship and maintenance of their children and disposal of their property and debts.
Article 1077 Within 30 days of the date of the marriage registration authority's receipt of their application for divorce, either spouse may withdraw the application for divorce registration from the marriage registration authority if they are unwilling to divorce.
Within 30 days upon the expiration of the period specified in the preceding paragraph, both spouses shall appear in person before the marriage registration authority to apply for divorce certificates, failing which the application for divorce registration shall be deemed to have been withdrawn.
Article 1078 Where the marriage registration authority confirms that both spouses are willing to divorce of their free will and have reached an agreement on the guardianship and maintenance of their children and disposal of their property and debts, it shall register their divorce and issue a divorce certificate to each spouse.
Article 1079 Either spouse intending to divorce may apply for mediation before a competent entity or directly file a petition with the people's court for divorce.
In a divorce trial, the people's court shall mediate first and grant a divorce if the mediation fails due to loss of affection between the spouses.
A divorce shall be granted if the mediation fails in the case of:
(1) either spouse's bigamy or cohabitation with any third party;
(2) either spouse's domestic violence, or maltreatment or desertion of any family member;
(3) either spouse's gambling, drug, or any other addiction which remains incorrigible;
(4) the spouses' separation for up to 2 years due to incompatibility; or
(5) any other cause which results in the alienation of affection.
A divorce shall be granted if either spouse files a petition for divorce after a declaration of the missing status of the other spouse is issued.
A divorce shall be granted if either spouse files a petition for divorce for a second time after their separation for one year since the date of the judgment to refuse their divorce made by the people's court.
Article 1080 The marriage between spouses shall be terminated on the date of the registration of their divorce, or the judgment granting their divorce, or entry into force of the mediation agreement between them.
Article 1081 Either spouse intending to divorce the other spouse who is on active military duty shall obtain the consent of the other spouse, except in case of a major fault on the part of the other spouse.
Article 1082 A husband shall not file for divorce during his wife's pregnancy, within one year after his wife's childbirth, or within six months after the termination of his wife's pregnancy unless his wife files for divorce or the people's court deems it necessary to accept the petition for divorce filed by the husband.
Article 1083 Where a divorced couple intends to remarry each other after their divorce, they shall appear in person before the competent marriage registration authority for re-registration of their marriage.
Article 1084 The relationship between parents and their children shall not be terminated due to the divorce of parents. After parents' divorce, any child, whether directly raised by either parent, shall remain a child of both parents.
After their divorce, parents shall remain entitled and obligated to raise, educate, and protect their children.
After their parents' divorce, any child who has not attained to the age of 2 years shall, in principle, be directly raised by the mother. Where parents fail to reach an agreement on the guardianship and maintenance of any minor child who has not attained to the age of 2 years, the people's court shall render a judgment in the best interests of the child, considering the status quo of both parents. Respect shall be accorded to the true intention of any child who has attained to the age of 8 years in determining their guardianship.
Article 1085 Where a child is directly raised by either parent after their divorce, the other parent shall pay all or part of the child maintenance. Divorced parents shall reach an agreement on the amount and duration of child maintenance, failing which the people's court shall render a judgment.
The agreement or judgment specified in the preceding paragraph shall be without prejudice to the child's reasonable claim, where necessary, from either parent for an amount beyond the amount specified in the agreement or judgment.
Article 1086 After their divorce, either parent who does not directly raise a child shall have the right to visit the child, and the other parent shall provide assistance.
Divorced parents shall reach an agreement on how and when to exercise the right to visit the child, failing which the people's court shall render a judgment.
Where the visit by either parent is physically or mentally harmful to the child, the people's court shall suspend such parent's visit according to law, which shall be resumed upon the termination of the cause for such suspension.
Article 1087 Spouses intending to divorce shall reach an agreement on the disposal of their community property in a divorce, failing which the people's court shall render a judgment in the interests of their children and the wife or the innocent spouse, considering the status quo of their property.
The rights and interests of either spouse arising from or relating to their household tenancy of land for agriculture shall be protected according to law.
Article 1088 Either spouse who has made more contributions to their family in raising their children, caring for the elderly, or assisting the other spouse in work shall be entitled to claim reasonable compensation from the other spouse in their divorce, and the other spouse shall make reasonable compensation. Both spouses shall reach an agreement on such compensation, failing which the people's court shall render a judgment.
Article 1089 Community debts shall be paid off jointly by both spouses upon their divorce. Where spouses' community property is insufficient to pay off their community debts or their property is separately owned, the spouses shall reach an agreement on the repayment of their community debts, failing which the people's court shall render a judgment.
Article 1090 Where either spouse has a hard life after divorce, the other spouse shall provide appropriate assistance to the extent affordable by such other spouse. Both spouses shall reach an agreement on such assistance, failing which the people's court shall render a judgment.
Article 1091 The innocent spouse may claim damages in case of divorce due to the other spouse's:
(1) bigamy;
(2) cohabitation with any third party;
(3) domestic violence;
(4) maltreatment or desertion of any family member; or
(5) any other major fault.
Article 1092 Where either spouse conceals, transfers, sells off, destroys, or squanders their community property, or falsifies community debts in an attempt to misappropriate the property of the other spouse, such spouse shall only be entitled to a smaller share or no share of the community property in a divorce. Where any such act is found by the other party after divorce, they may file a petition with the people's court for re-division of their community property.
Robert Zhang 
Steve Li 