The parties requesting divorce must follow the litigation procedures in the following circumstances:

There are five main situations when parties requesting divorce must go through litigation procedures: one party does not agree to the divorce, there is a dispute over property division, there is a child custody dispute, one party is a person without capacity for civil conduct, and the marriage relationship is recognized as a de facto marriage.

1. One party does not agree to divorce:

When one party insists on not agreeing to dissolve the marriage, even if the other party proposes a divorce by agreement, an agreement cannot be reached. According to the provisions of the Civil Code, in this case, the party seeking divorce must file a divorce lawsuit with the court, and the court will make a judgment based on whether the relationship between the couple has indeed broken down. Common situations include refusing to divorce after being separated for more than two years, having a long-term cold war but not signing a divorce agreement, etc.

2. Property division disputes:

If the spouses disagree on the scope of common property, or cannot agree on a division plan for special property such as real estate or equity, they must be resolved through litigation procedures. The court will make a decision based on factors such as the source of property, contribution, duration of marriage, etc. Judicial intervention is especially needed when third-party claims and debts are involved.

3. Child support disputes:

Disputes over the ownership of child custody, support payment standards, and methods of exercising visitation rights must be resolved through litigation when parents cannot reach an agreement. The court will comprehensively consider factors such as the child's age, parental support conditions, and the child's wishes to be over 8 years old to make a ruling to ensure that the principle of maximizing the interests of the minor is met.

4. No capacity for civil conduct:

When one spouse is declared incompetent for civil conduct due to mental illness, severe intellectual disability, etc., his or her legal guardian must initiate divorce proceedings on his or her behalf. Such cases require special procedures, judicial appraisal if necessary, and other guardians as legal representatives to participate in the proceedings.

5. Determination of de facto marriage:

If they lived together as husband and wife before February 1, 1994 but did not register their marriage, when filing for divorce, the court must first confirm the establishment of a de facto marriage. The court will examine factors such as the time of living together, publicity to the outside world, and property mixing, and will handle divorce matters only after it is determined to be a de facto marriage.

It is recommended that the parties concerned be fully prepared before litigation and collect key evidence such as marriage certificates, property certificates, and children’s birth certificates. If real estate such as real estate is involved, property registration information must be retrieved in advance. If there is domestic violence, alarm records and injury assessments must be kept in a timely manner. During the litigation, you can seek help from the local Women's Federation or judicial aid agencies, and those with financial difficulties can apply for legal aid. No matter which divorce method you choose, you should pay attention to protecting the mental health of your children and avoid passing on conflicts to your children. If necessary, professional psychological consultation can be arranged. For foreign-related marriages or divorce proceedings involving residents of Hong Kong, Macao and Taiwan, special attention must be paid to the selection of jurisdictional courts and the notarization and certification procedures.