How to file for divorce after two years of separation

Usually, a couple can file for divorce after two years of separation, but there is more than that. As long as the relationship between the husband and wife has indeed broken down, the divorce shall be granted.

The Marriage Act stipulates that if the relationship has indeed broken down and mediation fails, the circumstances under which a divorce shall be granted are:

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.

Other circumstances that lead to the breakdown of the relationship between husband and wife refer to the circumstances that do not contradict the new Marriage Law among the 14 circumstances provided for in the Several Specific Opinions of the Supreme People's Court on How the People's Court Determines that the Relationship between the Husband and Wife Has Truly Broken Down in the Trial of Divorce Cases.

Specifically, it includes: 1. One party suffers from a disease that is legally prohibited from marriage, or one party has physical defects and other reasons that cannot have sex, and it is difficult to have sex.

2. Lack of understanding before marriage, hasty marriage, failure to establish husband and wife feelings after marriage, and difficulty in living together.

3. Concealing mental illness before marriage and not being cured after marriage, or marrying the other party knowing that the other party is mentally ill before marriage, or one party suffering from mental illness during the period of living together as husband and wife that cannot be cured for a long time.

4. One party deceives the other party, or deceives the marriage certificate when registering the marriage.

5. After the two parties have registered their marriage, they have not lived together and there is no possibility of reconciliation.

6. Arranged or bought marriage, and one party files for divorce immediately after marriage, or although they have lived together for many years, they have not established a relationship between husband and wife.

7. Those who have been separated for two years due to emotional discord (the original "Opinions" stipulate that it is three years, which is in conflict with the "Marriage Law" and are therefore amended), and there is no possibility of reconciliation, or where they have been separated for one year after the people's court has ruled that divorce is not allowed, and they do not perform their obligations as husband and wife.

8. Where one party commits adultery or illegal cohabitation with another person, and there is still no repentance after education, and the party who is not at fault sues for divorce, or the party at fault sues for divorce, and the other party does not agree to the divorce, after criticism, education, punishment, or after the people's court decides that the divorce is not allowed, the party at fault sues for divorce, and there is no possibility of reconciliation.

It should not be mistaken for the purpose of punishing the wrongdoer, and the divorce decree filed against the offending party does not allow a divorce.

9. One party is bigamy and the other party files for divorce (the same as the new Marriage Law).

10. One party likes to work hard, has gambling and other vices, does not fulfill family obligations, and refuses to change after repeated teachings, making it difficult for husband and wife to live together (the same as the new Marriage Law, which adds drug abuse).

11. One party is sentenced to long-term imprisonment in accordance with law, or the party violates the law and the criminal conduct seriously hurts the feelings of the husband and wife.

12. Where one party's whereabouts have been unknown for two years, and the other party sues for divorce, and there is no whereabouts after being found through public announcement.

13. Being abused or abandoned by the other party, or abused by the other party's relatives, or abusing the other party's relatives, and not changing after education, and the other party does not understand (the same as the new Marriage Law, the new Marriage Law adds the practice of domestic violence).

14. The relationship between the husband and wife has indeed broken down due to other reasons (the discretion of the judge is given here).

In addition, if one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

Divorce through court proceedings, providing evidence of your separation.

In the case of divorce through litigation, an identity card, marriage certificate, and complaint are required, and a 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 imprisonment for more than one year, a lawsuit for divorce may be filed 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".

Sue his family first, and then find him through his family

If you want to get a divorce, you must first sue for divorce

The separation must be continuous and two years have passed.

First of all, two years must elapse from the second day of the actual separation of the husband and wife to the time when the divorce proceedings are filed with the court.

Secondly, the separation must be continuous, and the time of separation must be counted consecutively. If the separation is followed by cohabitation, it shall be recalculated from the day following the cohabitation and subsequent separation. It is not possible to add up the time of several separations.

If you do sue you, you can sue directly, and then the court will have a summons to the other party's home.

You can go to court to sue and let her family find the woman.

If the woman's whereabouts are unknown, the man can file for divorce with the court, and the court can announce the service of the complaint and summons.

Then you can sue him, two years of separation, you already meet the requirements for divorce, as for the money, you can take as much as the law asks.

Inform his family first, and his family will be able to find him.

Can a husband and wife automatically divorce after two years of separation?

Asking a lawyer about this question is the best way to solve it.

Legal Analysis] You can apply for divorce by agreement or divorce by litigation. 1. Divorce by agreement. After negotiation between the two parties, they shall go through the divorce formalities at the marriage registration authority at the place where one party has permanent residence with the divorce agreement, marriage certificate, ID card, and household registration booklet, and the marriage registration authority shall review the documents and materials issued by the parties to the divorce registration and inquire about the relevant circumstances.

2. If one party does not agree to the divorce or regrets not performing after signing the divorce agreement, the other party may file for divorce.

Legal basis] Civil Code of the People's Republic of China Article 1079 Where one of the husbands and wives 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 with another person. (2) Committing domestic violence or abusing or abandoning family members. (3) Having bad habits such as gambling and drug abuse that they have repeatedly refused.

4) Separated for two years due to emotional discord. 5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Legal analysis: After two years of separation, you can apply for divorce, and the people's court shall conduct mediation when hearing the divorce case; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. 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.

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

Article 1076:Where both 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.

When the people's court hears a divorce case, it 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 bad habits such as gambling and drug abuse that they have repeatedly refused.

4) 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.

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 request to either parent when necessary to exceed the amount originally set in the agreement or judgment.

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 the husband or wife in the contracting and management of family land shall be returned and protected in accordance with law.

The Civil Code stipulates that if a husband and wife have been separated for two years, the party who wants to divorce can directly file a divorce lawsuit with the people's court, and if it can be proved that the separation has not been completed for two years, the court will only allow the divorce. ”

1. If the divorce has been granted to the applicant for two years due to emotional discord, the divorce shall be granted if the court's mediation is invalid; 2. When the husband and wife voluntarily divorce and have properly dealt with the issues of children and property, they should apply for divorce at the marriage registration authority; 3. If you cannot divorce by agreement, or if you are separated not due to emotional discord, or if you have been separated for less than two years due to emotional discord, you can go to the court to sue for divorce.

Can a husband and wife automatically divorce after two years of separation?

Then you have to go to the police station and ask.

1. Sue directly to the court, request for divorce, and divide the joint property of the husband and wife.

2. If the other party does not admit that he has been separated for two years due to feelings of incompatibility, and does not agree to the divorce, then this fact is generally impossible to prove.

3. If one party does not agree to the divorce, the first time the divorce will not be awarded, if the precedent is not made, it is necessary to sue for divorce after 6 months.

4. It is recommended to entrust a lawyer to deal with it!

1. Legal basis: Article 31 of the "Marriage Law" [Voluntary Divorce] If both men and women 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. Article 32: [Divorce Proceedings]Where a man or a woman requests 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 the relationship has indeed broken down and mediation fails, the divorce should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation of a spouse with another person; 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.

2. Lawyer's opinion: 1. If both the man and the 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. 2. If the negotiation fails, one party may file a divorce lawsuit with the court where the defendant is domiciled. If the above conditions for relationship breakdown are met, the court will grant a divorce, and if they do not meet the conditions, the divorce will not be allowed, and if the divorce is not allowed, if they are not reconciled after six months, they will sue again, and they will generally be divorced.

3. With regard to child support and division of joint property, if the negotiation fails, the court will make a judgment on who the children live with according to the requirements of both parties, how the other party should pay child support, and the division of joint property should take care of the woman and the children.

3. Risk Warning: 1. Divorce is related to the family and children, and should be cautious. 2. The parties shall provide evidence to prove the facts on which their own claims are based or on which they refute the claims of the other party, except as otherwise provided by law.

Where a party fails to provide evidence or the evidence is insufficient to prove its factual assertion before a judgment is rendered, the party who bears the burden of proof shall bear the adverse consequences.