How long does it take for a unilateral application for divorce to automatically terminate the marita

In the case of divorce by agreement, after negotiation between the two parties, go to the civil affairs department at the place where either party is registered to go through the divorce formalities and receive the divorce certificate with the divorce agreement, marriage certificate and ID card of both parties; It can be done on the same day.

In the case of a litigated divorce, one party may file a lawsuit unilaterally in the court where the defendant is domiciled, or in the court where the defendant is not registered but has resided for more than one year. If there is no major dispute, the summary procedure will be applied, which will generally be completed in about 3 months, and if the case is more complicated, it will be transferred to the ordinary procedure, which will be completed in about 6 months.

Article 32 of the Marriage Act stipulates that a divorce shall be granted if the relationship has indeed broken down and mediation fails.

If the prosecution does not provide evidence of the breakdown of the relationship between the husband and wife, such as: bigamy or cohabitation of a spouse with another person, domestic violence, gambling, drug abuse, separation for two years due to emotional discord, etc., resulting in the breakdown of the relationship between the husband and wife, if there is such evidence, the court will generally grant a divorce, if there is no such evidence, the court will not grant a divorce, and the prosecution can only file a lawsuit after 6 months after the first-instance judgment takes effect, and the second lawsuit will generally grant a divorce.

If there is evidence to prove the breakdown of the relationship between the husband and wife, the trial shall be concluded within three months from the date of filing the case, and within six months of the ordinary procedure.

Legal analysis: China's law does not stipulate that a marriage can be automatically dissolved after a few years of separation. There are only two ways to get divorced: divorce by agreement and divorce by litigation, and there is no automatic divorce.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property inspection, and debt handling.

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. Style.

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 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

If the people's court applies the ordinary procedures to hear a unilateral application for divorce, it will take six months from the date of filing the case; If there are special circumstances that require an extension, it may be extended for six months; If the summary procedures apply, the trial shall be completed within three months from the date on which the case is filed.

[Legal basis].Article 149 of the Civil Procedure Law of the People's Republic of China.

People's courts applying the ordinary socks procedures for trial shall conclude trial within 6 months of the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended by six calendar months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

Article 161.

People's courts applying the summary procedures to hear cases shall complete trial within 3 months of the date on which the case is filed.

If the people's court applies the ordinary procedures to hear the divorce, it generally takes six months from the date of filing the case, and the marriage relationship can be dissolved after the judgment takes effect; If there are special circumstances that lead to an extension, it may exceed six months; If the summary procedures apply, the trial shall be completed within three months from the date on which the case is filed.

[Legal basis].Article 149 of the Civil Procedure Law of the People's Republic of China.

People's courts applying the ordinary procedures shall conclude trial within 6 months of the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.

Article 161.

People's courts applying the simplified procedures to try cases shall complete trial within 3 months of filing the case.

If the provisions of the law are met, the parties may apply to the court for annulment of the marriage.

[Legal basis].Article 1051 of the Civil Code of the People's Republic of China [Circumstances of Invalid Marriage] In any of the following circumstances, the marriage is invalid: (1) bigamy; (2) Have a family relationship that prohibits marriage; (Three repentances) have not reached the legal age of marriage.

Article 1053 of the Civil Code of the People's Republic of China [Voidable Marriage for Concealment of Illness] If one party suffers from a major illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage. A request for annulment of marriage shall be made within one year from the date on which the reasons for revocation are known or should have been known.

Article 1054 of the Civil Code of the People's Republic of China [Legal Consequences of Invalid and Annulmented Marriages] An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.

The provisions of this Law on parents and children apply to children born to the parties. If the marriage is invalid or annulled, the innocent party has the right to claim damages.