How long does it take for a couple to get a divorce if they don t get in touch?

Two years. According to Article 32 of the Marriage Law, if a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; 'If there is a real breakdown of the relationship and mediation fails, the divorce shall be granted.

If the relationship between the husband and wife breaks down due to emotional discord and separation for two years, and mediation fails, the divorce shall be granted. This is the criterion for deciding divorce, and no matter how long the couple has not been in contact, legally speaking, there is no provision for automatic divorce. If both the man and the woman agree to the divorce, there is no time limit, and the divorce can be obtained when they are newly married.

If the divorce is by mutual agreement, both parties can go to the marriage registration authority to register the divorce through consultation; In the case of a litigated divorce, the divorce proceedings can be filed directly with the court.

According to the Marriage Law of the People's Republic of China:

Article 31: Where both men and women divorce voluntarily, the divorce is 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.

Article 32: Where a man and a woman request a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; 'If there is a real breakdown of the relationship 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 of a person with a spouse;

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

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

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

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Therefore, divorce should first be negotiated by the husband and wife, and if the negotiation fails, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. The court will make a judgment in accordance with the relevant provisions of the Marriage Law.

It is not that it is okay not to contact each other, but to confirm that they have not lived together for more than 2 years, and the court can grant a divorce.

Two years should be fine.

Legal analysis: no matter how long you don't get in touch, you won't automatically divorce, there is no automatic divorce in China, and there are only two legal ways to divorce: one is divorce by agreement.

One is divorce by litigation.

Separation for more than two years due to emotional discord is only one of the bases for the court to determine whether the relationship between husband and wife has broken down, and it is not that a divorce can be automatically granted after being separated for two years.

Legal basis: Civil Code of the People's Republic of China.

Article 1076:Where both husband and wife divorce voluntarily, a written divorce agreement shall be signed.

and apply for divorce registration in person at the marriage registration office.

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 a lawsuit for separation from the marriage 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 with another person;

2) Committing domestic violence.

or abuse or abandonment of family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Returning to travel after two years of separation 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.

No matter how long you don't get in touch, you won't get divorced automatically, there is no automatic divorce in China, and there are only two legal ways to divorce: one is divorce by agreement, and the other is divorce by litigation. Separation for more than two years due to emotional discord is only one of the grounds for the court to determine whether the relationship between the husband and wife has broken down, and it is not possible to automatically divorce after two years of separation.

1. How can the marriage be automatically dissolved?

How long you are separated does not automatically get divorced.

First of all, there is no concept of automatic divorce in China, and there are only two types of divorce: divorce by agreement and divorce by litigation.

Secondly, regardless of whether one of the spouses is missing, emotionally broken down, or separated for a long time, as long as the marriage certificate still states that there is a relationship between husband and wife, there is no divorce, with the only exception being the death of one of the spouses.

Finally, if the husband and wife have been separated for two years, but there is no breakdown of the relationship between the husband and wife or there is still a possibility of reconciliation through mediation, it cannot be considered that the conditions for divorce have been granted. If the relationship between the husband and wife has indeed broken down and mediation fails, the divorce shall be granted in accordance with the law, even if there is no fact of separation or if the separation has been two years old.

2. Is there an automatic divorce in China?

There is no automatic divorce in China. Some couples often think that two years of separation can automatically divorce, because the parties have misunderstood the two-year separation rule due to emotional discord, and it can be assumed that the relationship between the husband and wife has indeed broken down. First, two years of separation cannot be grounds for divorce; Secondly, a two-year separation due to emotional discord is only a consideration for the court in determining whether to allow the parties to divorce, and is not a necessary condition for divorce. Finally, because of emotional discord, there is no automatic divorce after two years of separation.

3. How to handle the divorce if the husband does not come home for three years.

First of all, no matter how long the separation is, the relationship between the husband and wife will not be automatically dissolved. In China's legal provisions, there is no provision for automatic divorce, and there are only two ways to divorce: divorce by agreement or divorce by litigation.

Secondly, being separated for two years due to emotional discord is only one of the circumstances used to determine that the relationship between the husband and wife has indeed broken down.

This situation requires certain conditions to be met:

First, the parties are required to live separately for two consecutive years and not fulfill their marital obligations to each other.

Second, the parties are separated due to emotional discord.

Third, it needs to be mediated by the court, and there is no possibility of reconciliation.

Therefore, there is no such thing as automatic divorce after two years of separation.