Is there such a thing as automatic divorce in the current Chinese Marriage Law?

Hello, my country's "Marriage Law" does not have a provision for automatic divorce after two years of separation, and many people have misunderstandings about this in reality! Article 32 of the Marriage Law stipulates that if a person has been separated for two years due to emotional discord, the divorce shall be granted if mediation fails. How to understand this law?

1. If one party files a divorce lawsuit, the court generally mediates first, if the mediation is ineffective, and there is a situation where the husband and wife have been separated for two years due to emotional discord, the court will consider that the relationship between the husband and wife is indeed broken down, and will grant divorce.

2. It should be noted that it must be due to emotional discord and separation for two years, if it is due to working in other places, it will not work if there is less gathering and more separation.

3. In judicial practice, it is difficult to collect evidence related to the breakdown of the relationship between husband and wife, but from the perspective of divorce practice, if it is not for the division of property and the issue of child support, it is not difficult to simply divorce, if two people really can't get by, the first lawsuit for divorce, if there is no obvious evidence of the breakdown of the relationship between husband and wife, the judge may rule that the divorce is not separated in order to save a family, but you can file a divorce lawsuit again after six months, and the second time will generally support the divorce.

Judges are also human beings, they have their own value judgments, they think that if you give you so much time to think calmly and reconcile, you are still determined to divorce, since it is irretrievable, the court cannot barely maintain it all the time. <>

How can it be. There are two types of divorce in China: litigation divorce and registered divorce. Either go to court or go to the Civil Affairs Bureau.

As for the automatic divorce you are talking about, there is no such thing. Of course, there are invalid marriages and voidable marriages, in these two cases, the marriage is either invalid from the beginning or invalid from the beginning after confirmation, and the invalid marriage means unmarried, that is to say, in the marriage column filled in by various ** in the future, you should fill in the unmarried.

The so-called automatic divorce after three years of separation should be a fallacy, which may be related to the declaration of disappearance and death, that is, the marriage relationship ends after the husband or wife declares death. But this is not a divorce, but the end of a marriage in the natural sense. <>

The Marriage Act has lapsed, and there is no legal provision for automatic divorce in the Civil Code. Divorce must be registered in order to get a divorce. The two parties who request a divorce can agree to divorce, and if the agreement fails, they can file a divorce lawsuit with the court, and the court will mediate first, and the mediation will not lead to a trial.

Divorce is granted if the conditions for divorce are met.

[Legal basis].

Article 1079 of the Civil Code provides that if one of the husband and wife requests a divorce, the relevant group 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 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 a divorce lawsuit, the divorce shall be granted.

Hello, my brother Feng has made the Civil Code of the People's Republic of China not automatically divorced. At present, there are only two types of divorce: divorce by agreement and divorce by litigation.

Divorce by mutual agreement is an agreement between the husband and wife on issues such as divorce, child support, property division and debts, and both parties go to the Civil Affairs Bureau to go through the divorce procedures together. However, due to the new cooling-off period for divorce in the Civil Code, now husband and wife need to apply to the Civil Affairs Bureau together, and wait 30 days after the application to get a divorce certificate together.

Litigation divorce is when a man or a woman unilaterally goes to court to sue for action. Compared with divorce by agreement, litigation divorce is more likely to solve the disputed issues between husband and wife. Therefore, if the husband and wife have a disagreement and cannot reach an agreement, then the marriage can be dissolved by way of litigation divorce.

Moreover, whether it is a divorce mediation document or a divorce judgment, it is enforceable.

It should be noted that, as a man, the right to sue is partially restricted. During the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy, the husband may sue for divorce without cash.

[Legal basis].

Civil Code of the People's Republic of China

Article 1079:In any of the following circumstances, where 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.

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; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

There are only two ways to divorce: 1. Divorce by agreement2. Divorce by litigation

There is no such thing as a divorce that will automatically result in divorce after meeting certain conditions. There is no such thing as automatic divorce under the Marriage Law, because there is no such thing as automatic divorce in our countryIf a husband and wife want to dissolve their marriage, they naturally need to go through the prescribed procedures in order to be patient

The marriage law cannot automatically divorce, if you want to divorce, then you can go to the Civil Affairs Bureau for divorce, and you can bring your documents to go through the divorce procedures, you have to feel that the marriage law has a provision for automatic divorce, and this does not exist.

There is no such thing as automatic divorce, and the husband and wife who have been separated for two years are regarded as a breakdown of their relationship, and one party can go to the court to sue for divorce, and the judgment must be divorced, and the judgment will take effect in court.

There is no such thing as automatic divorce in the Marriage Act. Love songs are either divorced by mutual agreement between the two people, or they sue the court for a judgment divorce.

Hello, there is no automatic divorce in the marriage law, and the legal conditions for automatic divorce by agreement are:

1.The parties must be legally husband and wife and have full capacity for civil conduct. Where both parties to a divorce by mutual agreement shall have the legal status of husband and wife and handle the divorce by mutual agreement, it is limited to the parties to the marriage relationship who have completed the marriage registration in accordance with law.

2.Both parties to a divorce by agreement must have a common intention to divorce, and "mutual consent" is the basic condition for divorce by agreement, and the parties to a divorce by agreement should have the same intention to divorce.

3.The issue of children and property has been properly addressed. "Proper treatment of children and property issues" is a necessary condition for an uncontested divorce.

If the parties to the marriage relationship cannot reach an agreement on the issue of the children and property after the divorce and make appropriate dispositions, they cannot be divorced through the marriage registration procedure, but can only be divorced through the litigation procedure.

3 Legally, there is no such thing as "automatic divorce".

There are only two forms of divorce: one is divorce by agreement; The second is litigation divorce.

Article 31 of the Marriage Law clearly stipulates that divorce shall be granted if both a man and a woman divorce voluntarily. 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.

Therefore, even if the parties divorce by mutual agreement, they must go through the divorce formalities at the marriage registration office in accordance with the law before the marriage relationship between the parties is completely dissolved legally.

There is no provision for automatic divorce, either the parties will divorce by mutual agreement or one party will sue for divorce.