If you file for divorce unilaterally, you can plan to separate for as long as you want

The law does not stipulate how long it takes to divorce after separation, and no matter how long the separation lasts, if both parties do not file for divorce, the marriage will not be automatically dissolved. If you sue for divorce and have been separated for 2 years, the court will support the divorce. If the two parties do not reach an agreement on the division of property and child support, they can sue the court for divorce.

About the conditions of divorce.

If both a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

If a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

Separated for two years due to emotional discord;

Divorce procedures, required documents and fees.

If you divorce by mutual agreement, you need to go to the marriage registration office. You need to sign a divorce agreement, and bring your ID card, household registration book and marriage certificate to handle it. In the case of divorce through litigation, the lawsuit may be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or if he has been imprisoned for more than one year, he may file for divorce in the court where the plaintiff is located.

The first instance is generally 3 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away. If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

Legal Analysis: Unilateral divorce is usually litigation divorce. Divorce litigation refers to a lawsuit filed by one of the spouses with the people's court on the legal grounds of divorce, and the people's court rules whether the marital relationship is maintained.

Apply to the people's court. Under normal circumstances, both parties go to the case filing hall, and the case filing hall will review the case and file the case if it meets the conditions for case filing. If the husband and wife do not live in the same place, the woman should go to the husband's place to file a lawsuit according to the principle of "the plaintiff is the defendant".

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation; (2) Committing domestic violence or abusing or abandoning family members; (3) Having bad habits such as gambling and drug abuse; (4) Separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between the husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Unilateral divorce can be granted regardless of how long the separation lasts, and unilateral divorce refers to litigation divorce. The conditions for litigated divorce are: the parties are legally married; The prosecution is a party to the marriage; The prosecution is a person with full capacity for civil conduct; The prosecution has evidence to prove that the relationship between the husband and wife has indeed broken down.

[Legal Evidence].Paragraphs 1, 2 and 3 of Article 1079 of the Civil Code.

Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation;

(2) Committing domestic violence or abusing or abandoning family members;

(3) Having bad habits such as gambling and drug abuse;

(4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between the husband and wife.

Sue once first. Sue again after half a year.

Sue once first. Sue again after half a year. Then take your pay stubs or other proof from the field.

Generally speaking, the fact that a husband and wife have been separated for two years due to emotional discord can generally constitute a fact that the relationship between husband and wife has broken down. "Separation" means that husband and wife no longer live together and no longer fulfill each other's marital obligations, including cessation of sexual life, cessation of economic cooperation, cessation of mutual care and support in life, etc. If they have been separated for two years, it means that the relationship between husband and wife has become a formality and exists in name only.

Where a party applies to the people's court for divorce on this ground, if mediation fails, the divorce shall be granted.

In applying this provision, attention should be paid to the following issues:

The reason for separation is due to the discord between the husband and wife, not the separation of the two places due to work, study, etc., and the inability of the husband and wife to live together due to housing problems.

Separation emphasizes the non-fulfillment of marital obligations by the spouses, rather than unilateral non-fulfillment of family obligations.

If the husband and wife have been separated for two years, but the relationship between the husband and wife has not really broken down or there is a possibility of reconciliation through mediation, the conditions for divorce cannot be considered to have been met.

Whether the husband and wife are separated or not, and whether they have been separated for two years, are not necessary conditions for the parties to apply for divorce. If the relationship between the husband and wife has indeed broken down and the mediation fails, the divorce shall also be granted in accordance with the law, even if there is no fact of separation or the separation has been less than two years.

In the process of soliciting opinions on the draft amendment to the Marriage Law, there were different opinions on whether to stipulate this content and on the length of the period of separation. Some are in favor of this provision, arguing that it reflects the factual situation of the breakdown of the relationship between the husband and wife and should be used as a ground for divorce; Some do not advocate stipulating this content, otherwise it will give people who "like the new and hate the old" an opportunity to take advantage of the law, which will be unfair to the innocent party. Some believe that two years of separation is too short and not conducive to the stability of family relations, and should be changed to three or five years; Some believe that the separation has already shown that the husband and wife are not in harmony, that it is not necessary to require a two-year period, and that a long period of separation is likely to lead to vicious family incidents, which is not conducive to the protection of women's rights and interests, and suggested that it be changed to one year.

The majority opinion of the revised Marriage Law is set at two years.

According to the provisions of China's "Marriage Law", if the relationship has indeed broken down and mediation fails, the divorce should be granted. "The relationship between husband and wife has indeed broken down" is a legal condition for a divorce. Where two years have elapsed since separation due to emotional discord and there is no possibility of reconciliation, or where a divorce has been granted by a people's court and then separated for one year or more, and each other does not perform their obligations as husband and wife, it is deemed that the relationship between husband and wife has truly broken down. Seek adoption.

Separation for more than two years is a situation that can be considered a breakdown of the relationship. Whether or not to decide a divorce is based on whether the relationship has broken down. The principle of freedom of marriage is practiced in our country, which includes the freedom of divorce, and anyone has the right to file for divorce unilaterally.

Of course, whether the court decides a divorce depends on whether the above conditions are met.

The relationship has indeed broken down, not necessarily after a few years of separation...