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Anonymous users2024-02-06It is a separation. A situation in which both spouses, while continuing to maintain their marital relationship, cease to live together and establish their own way of life. Even if the husband and wife still live under the same roof, as long as they are separated from each other, if two years have elapsed, then the husband and wife can be legally considered to be separated.
In the case of statutory separation, the parties may make arrangements for the division of property, spousal support, child support and other issues through voluntary negotiation or court judgment. Although the two people are still husband and wife in name, they live separately in real life and do not interfere with each other.
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Anonymous users2024-02-05Couples sleeping in separate rooms are not considered separation, as follows:
1. Separation should mean that the two parties live in different houses, do not have too much interaction with each other, and no longer perform the obligations of the husband and wife;
2. The husband and wife terminate their common life and establish their own lifestyles on the premise of maintaining the relationship between husband and wife;
3. Where the husband and wife live under the same roof, but they separate rooms and do not interfere with each other for two years, it may be legally recognized as husband and wife separated.
The procedure for divorce by litigation is as follows:
1. Drafting a complaint.
2. Prepare the evidence required for the lawsuit.
3. Submit the complaint and evidence to the court of competent jurisdiction.
4. The court decides whether to accept the lawsuit.
5. After the court accepts the divorce lawsuit, it shall send a copy of the complaint to the other party within the statutory time.
6. The court arranges a time and sends a summons to both parties.
7. **: Both parties can entrust a lawyer or other professionals** to litigate (under normal circumstances, the parties to the divorce must appear in court, and if they cannot appear in court due to special reasons, they must issue a written opinion to the court on whether to divorce).
8. The court shall make a judgment on whether to grant the divorce, how to divide the property, and how to solve the problem of child support in accordance with the plaintiff's claim and the evidence submitted by both parties.
Legal basisArticle 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 a divorce is not permitted, the parties have been separated for one year, and one party files a divorce lawsuit or lawsuit again, the divorce shall be granted.
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Anonymous users2024-02-04Does sleeping in separate beds count as separation? It is not considered separation, which refers to living in different places.
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Anonymous users2024-02-03What is "husband and wife separation", and is sleeping in separate beds between husband and wife a separation?
Of course it's good, as the saying goes, 2 dragons play with pearls. The bead and the pig imply great wealth and wealth
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