After Tom married a Chinese girl named Xiufang, he always wanted to have a child. However, Xiufang discovered she couldn’t conceive after undergoing medical examinations. Tom consulted a lawyer, wondering if he could file for divorce in this situation. If Xiufang does not agree to the divorce, what can he do?
 
Attorney Abby’s Response:In China, if the couple cannot reach a consensus on divorce through consultation, they can only divorce through litigation. However, Tom cannot demand a divorce on the grounds of the infertility, if Xiufang does not agree to divorce.
 
In China, the court will typically grant a divorce only if the following circumstances exist between the spouses:
Statutory Grounds
1.Bigamy or cohabitation with another person.
2.Committing domestic violence, abuse, or abandoning family members.
3.Having bad habits such as gambling and drug use that persist despite repeated education.
4.Living separately due to marital discord for at least two years.
5.Other circumstances leading to the breakdown of marital relations.
 
Precedent Experience
Additionally, if one party is declared missing, and the other party initiates divorce proceedings, the divorce should be granted. If a divorce has been denied by a court in the past, but both parties have lived separately for a year and one party initiates divorce proceedings again, the divorce should be granted.

Court Trial Guidance
According to the “Supreme People’s Court’s Specific Opinions on How People’s Courts Should Determine the Definite Breakdown of Marital Relations in Divorce Cases,” divorce can be granted if one party insists on divorce in specific situations, mediation fails, and the following conditions are met:
 
1.One party suffers from an illness that legally prohibits marriage or has a physical defect or another reason preventing sexual intercourse that is difficult to cure.
 
2.Concealing a mental illness before marriage, which remains incurable after treatment, or knowing about the other party’s mental illness before marriage and marrying them, or one party develops a mental illness during the shared marital life that remains untreated.
 
3.One party deceives the other party or engages in fraud during marriage registration to obtain the Marriage Certificate.
 
4. Arranged, bought marriage. If one party immediately requests divorce after marriage, or if they have lived together for many years but have not yet established a marital relationship.
 
In summary, the inability to have children is not a legal reason for divorce in China.
 
If you are experiencing dissatisfaction in your marriage and wish to pursue a divorce, it is advisable to consult with Attorney Abby. Abby can provide professional emotional counseling and guidance on marital relationships.