How long does it take to separate in a divorce before a divorce can be divorced, and the husband doe

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.

Freedom of marriage, including freedom to marry and freedom to divorce. You can file for divorce at any time if you want to.

Separation is a situation to determine whether the relationship between the husband and wife has broken down, and even if there is no separation, the divorce can also be sued.

1. How long does the divorced party not agree to the separation automatically divorced.

1. If one party does not agree to divorce, no matter how long the separation lasts, there is no such thing as automatic divorce, and there are only two ways to divorce

1) Divorce by agreement, both parties voluntarily divorce, sign a divorce agreement, and go to the marriage registration authority for divorce registration;

2) In the case of divorce by litigation, one party sues the court for divorce, and the court will decide whether to grant the divorce according to whether the relationship between the husband and wife has broken down.

2. The basis of the law is Wang Shenlu: Article 1076 of the Civil Code of the People's Republic of China.

If the 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' voluntary expression of intent to divorce and the consensus on matters such as child support, property, and debt handling.

The 1,000th and 7th is 17 losses.

Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

2. What materials do you need to bring for divorce?

1. ID cards and household registration books of both parties;

2. Divorce agreement;

3. Marriage certificates of both parties;

4. The party's single recent half-body barehead**;

5. Apply for divorce registration certificate.

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3. The husband does not agree to the divorce and will not automatically divorce for a long time after separation. The law does not stipulate how long it takes to divorce after separation, and no matter how long the separation is, if both parties do not file for divorce, the marriage will not be automatically dissolved. If the parties have been separated for two years due to emotional discord, it can be determined that the relationship between the husband and wife has broken down, and the breakdown of the relationship between the husband and wife is the only criterion for deciding the divorce of the parties.

According to the laws of our country, if the relationship between the two parties breaks down, they can directly go through the divorce procedures, and if the two parties cannot reach an agreement on the division of property and child support, they can sue the court for divorce.

How to determine the specific amount of child support after divorce.

1. For those who have a fixed income, the child support allowance can generally be paid at the rate of 20% to 30% of the total monthly income. Where two or more children are paid for child support, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income;

2. If there is no fixed income, the amount of child support allowance can be determined according to the total income of the current year or the average income of the same industry, with reference to the above proportion;

3. If there are special circumstances, the above proportion can be appropriately increased or decreased.

[Legal basis].Article 1079 of the Civil Code of the People's Republic of China.

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 with another person;

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

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

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.