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Two years of separation does not automatically result in a divorce. Marriage is not automatically dissolved. Separation for two years due to emotional discord is only a condition for granting a divorce, and the court shall grant a divorce if it can be proved that the separation has been separated for two years due to emotional discord.
There are only two ways to get divorced
1. Registration of divorce: If both parties agree to the divorce and reach an agreement on the division of the joint property of the husband and wife and the maintenance of children, the marriage registration authority may issue a divorce certificate.
2. If the parties cannot reach an agreement on one of the three issues of divorce, division of joint property of husband and wife, and child support, the court shall decide whether to divorce or not.
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Divorce is not automatic after two years of separation. Our law does not provide for automatic divorce.
Divorce can only be divorced by mutual agreement or litigation.
1. In the case of divorce by agreement, after the two parties have negotiated, sign a written divorce agreement and go to the Civil Affairs Bureau to register the divorce. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
2. In the case of divorce by litigation, one party can prepare a complaint, prepare evidence of the breakdown of the relationship between the husband and wife, and go to the local court to sue for divorce. Under normal circumstances, if the separation has been ineffective after two years of separation due to emotional incompatibility, the court will grant the divorce.
Legal basis] Civil Code
Article 1079: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 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.
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In fact, if you want to get married, you can bring your documents and go to the Civil Oak Express Political Bureau for divorce, after all, it is impossible to say that the people in the Civil Affairs Bureau know that you are divorced.
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For the husband and wife who have been separated for two years, their marriage will not automatically leave the spring marriage. Because for the marriage relationship of the absolute couple, only after the divorce procedures have been completed, can the marriage relationship be formally dissolved.
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Separation for two years is not an automatic divorce, and there are only two ways to get a divorce:
1. Divorce by agreement, both parties voluntarily divorce, sign a divorce agreement, and go to the marriage registration authority for divorce registration;
2. In the case of divorce by litigation, one party goes to the court to sue for divorce, and the court will decide whether to grant the divorce according to whether the relationship between the husband and wife has broken down.
[Legal basis].
Article 1076 of the Civil Code of the People's Republic of China.
If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply in person to the marriage registration authority for the registration of the remaining marriage.
The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the consensus on matters such as child support, property, and debt disposal.
Article 1079.
Paragraphs 1 and 2. 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.
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According to the laws of our country, divorce is divided into divorce by agreement and divorce by litigation, and the separation of property for two years is only a situation in which the court determines that the relationship between the husband and wife has broken down, and the separation will not automatically divorce after two years.
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According to the current relevant laws and regulations, separation for 2 years is not an automatic divorce, only Zhongtan is selling lost tung is one of the circumstances of the breakdown of the relationship between the husband and wife, and the divorce needs to go through the formalities with the relevant departments.
Two years of separation does not automatically result in a divorce. Marriage is not automatically dissolved. Separation for two years due to emotional discord is only a condition for granting a divorce, and the court shall grant a divorce if it can be proved that the separation has been separated for two years due to emotional discord. >>>More
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"?
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It is not possible to divorce automatically, and the husband and wife have been separated from each other for 2 years, which will not cause the husband and wife to divorce each other automatically, and the relationship between the husband and wife is not easy to be completely automatically eliminated because they have been separated from each other for 2 years. Regardless of whether it is the previous bankruptcy law or the current civil law, the laws and regulations almost never require that the husband and wife can be completely and automatically terminated after living apart from each other for 2 years. >>>More
There is a saying that you can automatically divorce after two years of separation, and you can go to the lawyer for consultation and sue for divorce.