Whether a divorce is automatically possible after two years of separation

If a husband and wife have been separated for two years, will they automatically divorce and dissolve their marriage? How long does it take for a separation to be "automatically divorced"?

According to the laws of our country, divorce is divided into divorce by agreement and divorce by litigation, and separation for two years is only a situation in which the court determines that the relationship between the husband and wife has broken down, and separation for two years will not automatically divorce.

a) How long does it take to separate for an automatic divorce.

Automatically divorced after two years of separation? Is a divorce granted after two years of separation?

1. Article 32 of the Marriage Law stipulates that if you have been separated for two years due to emotional discord; If mediation fails, the divorce shall be granted.

2. This refers to the reason for divorce due to separation, and the two legal conditions (emotional discord and two years of separation) are indispensable, so two years of separation does not automatically divorce.

3. If the husband and wife are separated due to objective reasons, such as the husband and wife working in two cities respectively and there is no condition for cohabitation, the situation of separation of the husband and wife is not due to emotional discord, and the divorce will not be granted even if the husband and wife have been separated for two years.

4. To meet these two statutory conditions, two aspects of evidence are required, one is evidence of emotional discord at the time of separation, and the other is evidence that the time has lasted for two years, both of which are indispensable.

2) How long does it take for a couple to divorce after separation?

1. How long can you divorce after separation, the marriage law does not explicitly stipulate.

2. The Marriage Law stipulates that two years of separation between husband and wife can be used as a factor in determining the breakdown of the relationship between husband and wife, but whether the court decides a divorce depends on the specific circumstances.

3. If the husband and wife want to divorce, they can divorce by agreement at any time.

3) Can I get a divorce after being separated for half a year, one year, or two years? How Long Can I Get Divorced After Separation?

1. The basis for the court's judgment of divorce is that "the relationship between the husband and wife has indeed broken down", and the separation of the husband and wife for two years can be used as a factor in determining the breakdown of the relationship between the husband and wife.

2. If one party wants to divorce and the other party is unwilling to divorce, there is only litigation divorce (lawsuit).

After six months, you can sue for divorce again, at which point the court will generally grant you a divorce.

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Two years of separation do not automatically grant a divorce. There are only two ways to divorce in my country, either go to the Civil Affairs Bureau to agree on divorce, or go to the court to sue for divorce, but if you have been separated for two years due to emotional discord, you may sue for divorce for the first time.

Legal basis

Article 1076 of the Civil Code provides that if a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person. 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 of the Civil Code provides that if one of the husband and wife requests a divorce, the relevant organization 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 with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between 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.

1. In the practice of separation for two years due to emotional discord, the understanding of this point is often wrong, and many people mistakenly believe that as long as they have been separated for two years, it will be regarded as automatic divorce, but this is not the case. After verification, if it is confirmed that the two parties have been separated for two years due to emotional discord, it can be regarded as a complete breakdown of the relationship between the two parties and there is no evidence of the possibility of reconciliation, so the divorce is directly decided. Please note that if the parties have been separated for two years due to emotional discord and not for other reasons, if they have been separated for two years due to work or other reasons, it is not considered evidence of a relationship breakdown.

2. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted If one party is declared missing and the other party files a divorce lawsuit, the court shall grant a divorce, but it should be noted that one party must be declared missing after a fight or a court judgment, and not by a random agency. For example, in the case of Malaysia Airlines, if a person is declared missing by an agency, the declaration of disappearance is invalid and must be confirmed by the court.

3. Other circumstances that lead to the breakdown of the relationship between the husband and wife are always complicated in real life, and the law cannot exhaust all the circumstances of life, so this is a basic and destructive clause, which gives the judge discretion, and the judge has the right to specifically determine other circumstances that lead to the breakdown of the relationship between the husband and wife according to the actual situation. As long as the above circumstances are met, the court may make a judgment for divorce if mediation is invalid.

Can I get an automatic divorce after two years of separation? In China, there are two ways to dissolve marriage: divorce by agreement and divorce by litigation. Therefore, even two years of separation do not automatically grant a divorce. However, without the consent of the other party, you can go to the court to sue and ask for a divorce.

The argument that divorce is automatic after two years of separation does not exist at the legal level. There are two circumstances for the automatic dissolution of marriage, one is when one of the spouses dies, at which time the marriage relationship is automatically dissolved, and the other is when one of the spouses is declared dead, and the marital relationship between the person declared dead and his or her spouse is extinguished from the date of the declaration of death.

If a husband and wife have been separated for two years, will they automatically divorce and dissolve their marriage? How long does it take for a separation to be "automatically divorced"?

If a husband and wife have been separated for two years, will they automatically divorce and dissolve their marriage? How long does it take for a separation to be "automatically divorced"?

If a husband and wife have been separated for two years, will they automatically divorce and dissolve their marriage? How long does it take for a separation to be "automatically divorced"?

Is separation for two years considered an automatic divorce? It should be said that separation for two years is not considered automatic divorce, but if you have been separated for one year after the divorce is rejected, you will definitely be able to get a divorce!

If a husband and wife have been separated for two years, will they automatically divorce and dissolve their marriage? How long does it take for a separation to be "automatically divorced"?

There are only two ways to divorce, one is divorce by agreement, and the other is divorce by lawsuit, and there is no automatic divorce.