Generally speaking, there are two channels guilding the divorce: registration procedure and court procedure:
Divorce is, generally, a simple process in China if both parties are Chinese citizens, or at least one patty is a Chinese citizen and their marriage is registered in China, and they agree to the divorce and there are no children involved. The couple can walk into the marriage registration office with their marriage books and their hukous and be divorced the same day.
Under the following situation, you have to go to the court for divorce:
1. The divorce is against the will of either spouse;
2. There is dispute over the custody on the Children or on distribution of property;
3. One party is a foreigner and the marriage is not registered in China;
4. In other situations where there is no marriage registration office to accept the divorce application.
In court procedure, divorce is also automatically granted in cases of abuse, drug use, gambling, and separation. The last, separation, is a criteria that a foreign spouse should take note of. A spouse must be absent for two years before the deserted spouse can be granted divorce in China.