Does a two year separation automatically dissolve a marriage? Do I need to go through any additional

Updated on society 2024-03-22
7 answers
  1. Anonymous users2024-02-07

    --No, whether it is marriage or divorce, you have to go through legal procedures, and if there is no legal formalities, even if you live together, it is still a cohabitation relationship, not a marriage relationship protected by law, that is, it is not two husband and wife. And if you want to divorce, you also have to go through legal procedures, instead of automatically dissolving the marriage relationship after two years of separation, as some people understand, it is not two husband and wife, which is actually a wrong understanding of the law. Article 32 of the Marriage Law provides that if a man or a woman requests a divorce, the relevant departments may mediate 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. The separation for two years due to emotional discord stipulated in this article is only a condition for divorce, and it must be proved that the separation is due to emotional discord, and if the separation is due to other reasons, it does not fall within the circumstances provided for in this article, and it is not a condition for divorce. Moreover, it is difficult to prove that the other party has been separated for two years, so if you want to dissolve the marriage relationship as soon as possible, you do not need to deliberately separate for two years, because even if you have been separated for two years, you may not be able to dissolve the marriage relationship in one lawsuit.

    From the above, it can be seen that no matter how many years you have been separated, you must go to the civil affairs department to apply for a divorce by mutual agreement or go to the court for divorce, otherwise you will still be legally protected as husband and wife.

  2. Anonymous users2024-02-06

    Whether or not to dissolve the marriage relationship, you must go to the local civil affairs department to go through the divorce procedures.

  3. Anonymous users2024-02-05

    Legal Analysis: No. There is no legal provision for the automatic dissolution of a marriage between husband and wife after two years of separation.

    At present, there are only two ways to divorce in China: one is to register the divorce with the marriage registration authority, and the other is to file a divorce lawsuit with the people's court with jurisdiction. In our country, the separation of husband and wife for two years is only a way to judge whether the relationship between husband and wife has broken down.

    Legal basis: Article 1078 of the Civil Code of the People's Republic of China: Where the marriage registration authorities find that the parties are indeed voluntarily divorced and have reached a consensus on matters such as the transfer of children to the needy and the maintenance of the children, the handling of property and debts, etc., they shall register and issue a divorce certificate.

    Article 1070 of the Civil Code of the People's Republic of China Article 9 Where 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.

  4. Anonymous users2024-02-04

    According to Article 32 of the Marriage Law, it can be seen that due to emotional discord after two years of separation, it can be done in a situation where the person who is in love can be dissolved and broken down. Therefore, it is necessary to pay attention to the following points: 1. Two years of separation should be two consecutive years.

  5. Anonymous users2024-02-03

    A two-year separation can only be a condition for divorce and cannot be automatically dissolved. It is necessary to go through the divorce formalities and obtain a divorce certificate in accordance with the law.

  6. Anonymous users2024-02-02

    Can I unilaterally dissolve my marriage after living in a group chain for two years? There is no such thing as automatic divorce in our country. There are two ways to get divorced.

    One is that the husband and wife reach an agreement through consultation, go to the civil affairs department to go through the divorce formalities, and obtain the divorce certificate. One is to file a lawsuit in the people's court if the negotiation fails. So whether the court ruled that the standard for divorce was that the relationship between the husband and wife had indeed broken down.

  7. Anonymous users2024-02-01

    Separation for two years cannot automatically dissolve the marriage, and you need to go to the Civil Affairs Bureau to go through the divorce procedures.

Related questions
13 answers2024-03-22

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"?

10 answers2024-03-22

A marriage without feelings is a pain for both of them, and choosing to divorce is not a relief, escaping from this fetters and starting again to find happiness. There are usually two ways to get divorced, one is divorce by agreement and the other is divorce by litigation. However, there is often another way of divorce in society, "the husband and wife can automatically dissolve the marriage relationship after two years", is this sentence true? >>>More

20 answers2024-03-22

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. >>>More

8 answers2024-03-22

The first view is that, with regard to the two years of separation provided for in Article 32, Paragraph 3, Subparagraph 4 of the Marriage Law, these two years should refer to continuous separation, during which they lived together, and the time of separation should be counted from the date of the last separation. In this case, Hu and Pan had been separated for less than two years, which did not meet the requirements of Article 32 of the Marriage Law and should not be granted a divorce. >>>More

6 answers2024-03-22

1. Listed companies will not be delisted if they have lost money for two consecutive years, but there will be a delisting warning, and the exchange will deal with the company. >>>More