After ten years of marriage and two separations, should I get a divorce?

Say a little more, and be a complainer.

I feel that my husband still has a lot of affection for me and my children, but he is really not a very responsible person, nor is he a person who knows how to run a family. It may be related to his own family of origin, he lost his mother since he was a child, his stepmother was not very good to him, and his father has been running around and is rarely at home, he may not have enjoyed a complete family life since he was a child, so he doesn't understand how important a complete family is.

He always said that he would not be transferred back because he could not find a job with a good salary like he is now after coming back (although I don't think his current job income is high), and once his income drops, we will definitely fight a lot because of money, so he must wait for a good job opportunity before he can be transferred back. But does a good job fall from the sky? He never took the action to find a job!

So I think he just used this as an excuse, but in fact he has no ability to act and is not self-motivated.

Legal Analysis: Divorce can be obtained regardless of how long it takes to live in two places. There are two types of divorce in China: divorce by agreement and divorce by litigation.

In the case of divorce by agreement, both parties shall go through the divorce formalities in person at the marriage registration authority, and if the cooling-off period for divorce has expired, a divorce certificate shall be issued; In the case of divorce by litigation, one party shall file a divorce lawsuit in the people's court at the defendant's domicile.

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

Article 1077:Within 30 days of 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; and where the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

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. 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.

No matter how long the husband and wife are separated, they cannot automatically divorce, and the divorce can be negotiated by both parties, and the divorce can be agreed upon by signing an agreement or suing for divorce in court. Article 1079 of the Civil Code: When one of the husband and wife requests a divorce, he or she may mediate through the relevant relevant departments or directly file a lawsuit for divorce and careful remarriage with the people's court.

When the court hears a divorce case, it should first mediate, and if it fails, it should decide that the parties have no feelings and should approve their divorce request. There are a total of 5 situations in which mediation is ineffective and can be applied for divorce: 1. Bigamy or cohabitation with another party 2. Use violence against family members, abuse family members or abandon family members. 3. Serious participation in gambling or drug abuse is reflected in repeated persuasion and unrepentance.

4. The relationship between the husband and wife is not harmonious, and the separation time is more than 2 years 5. Other situations of broken relationship between husband and wife. If one party has been declared missing by the court, if the other party files a divorce lawsuit, a divorce request should be passed. In addition, it should be noted that if the two parties agree to divorce, they need to go to the Civil Affairs Bureau to go through the formalities, and if the court sues for divorce, the court must approve the divorce request, and the divorce will only be officially divorced after the judgment of divorce takes effect.

For "emotional discord and separation for two years", China's Civil Code has two rigid requirements: The reason for the separation of the two parties can only be due to the breakdown of the relationship, and cannot be separated for other reasons, such as objective reasons such as the separation of the two parties because the two parties work too far away or study abroad; If the separation has reached two years and the two years of separation are continuous and there is no interval between them, if there is a previous interruption, the time of separation should be recalculated from the date of the last cohabitation. When both conditions are met, and the court fails to mediate, it can be determined that the relationship between the husband and wife has broken down.

How can it be proved that the couple has been separated for two years? 1. The lease contract of the house where one of the parties lives elsewhere; 2. The written agreement of separation between the two parties or the oral agreement acknowledged by both parties; 3. The written separation agreement issued by one party to the other party is best mailed by express mail, add the word "separation" in the remarks column, and collect the express voucher, which belongs to the separation of husband and wife from the date of sending to the filing for divorce; 4. Friends or relatives who know each other can be witnesses.

Divorce should be based on the premise that the relationship between the husband and wife has broken down.

According to the Supreme People's Court's "Several Specific Opinions 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":

When a people's court hears a divorce case, whether or not a divorce is granted or not, the distinction shall be based on whether the relationship between the husband and wife has truly broken down. To determine whether the relationship between husband and wife has truly broken down, a comprehensive analysis shall be made from aspects such as the basis of marriage, postmarital feelings, reasons for divorce, the current state of the relationship between husband and wife, and whether there is a possibility of reconciliation. According to the relevant provisions of the Marriage Law and the practical experience of adjudication, in any of the following circumstances, it shall be deemed that the relationship between husband and wife has truly broken down.

If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law.

1. One party suffers from a disease that is legally prohibited from marriage, or one party has a physical defect or other reasons that prevent sexual intercourse, and it is difficult to **.

2. Lack of understanding before marriage, hasty marriage, and lack of marital relationship after marriage, making it difficult to live 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 of the spouses suffering from mental illness during the period of living together and not being cured for a long time.

4. One party deceives the other party, or falsifies the marriage certificate during marriage registration.

5. After the marriage is registered, the parties do not live together, and there is no possibility of reconciliation.

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

7. Where three years have elapsed since separation due to emotional discord and there is no possibility of reconciliation, or where divorce has been granted by a people's court and divorce has been granted for another year, and each other has not fulfilled their obligations as husband and wife.

8 Where one party commits adultery or illegally cohabits with another person, and there is no sign of 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, and after criticism, education, punishment, or after the people's court has ruled that the divorce is not allowed, the party at fault sues for divorce, and there is no possibility of reconciliation.

9 Where one party has bigamy and the other party files for divorce.

10 One party has a habit of indulgence, gambling, etc., does not fulfill family obligations, and refuses to change his or her teachings, making it difficult for the husband and wife to live together.

11. One party has been sentenced to a long-term prison sentence in accordance with the law, or has violated the law or committed a crime that 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, but no whereabouts are found through public announcement.

13 Those who have been abused or abandoned by the other party, or who have been abused by the other party's relatives, or who have abused the other party's relatives, and who have not changed their ways after education, and the other party has not forgiven.

14 The relationship between husband and wife has broken down due to other reasons.

What kind of divorce are you talking about if you are not married? Besides, even if you have a marriage certificate, two years of separation can constitute a de facto divorce, and as long as one party sues, you can directly divorce.

Isn't that a widow? It's long overdue!