I ve been separated for two years, will I get divorced automatically?

If you've been separated for two years, will you automatically get divorced? One. It is said that marriage is free and love is free, but when we choose marriage, please respect each other, attach importance to our feelings, don't give up easily, it's not easy to get out of a family and enter a family!

Two. It's easy to fall in love, it's hard to get along, since we're together, we should cherish each other, and more should be tolerant of each other, learn to treat this relationship well, cherish this relationship, I believe that people are heart-to-heart. Three.

Marriage is protected by law, if two people get a marriage certificate, this relationship should also be bound by the law, it has legal effect, not two people can divorce if they say divorce, divorce to the court. If two people can divorce by agreement, go to the Civil Affairs Bureau, and then divide the property, if there is no property meaning, who will the child be awarded to? If two people have a dispute over the division of each other's property, including a dispute over the custody of the child, then it must be decided by the court, and the court will not pronounce a divorce at that time, and will definitely require the two of you to go home to calm down for a while.

Only when the court accepts it, from that day on, you are officially separated. If you are only at home and do not go to court, it is automatic at home, and separating by yourself is not protected by the law, and the law will not recognize it. So it doesn't make any sense for you to be separated for the past two years.

The divorce rate of modern people remains high, many people have become accustomed to divorce, and even some people will specifically understand what the matters about divorce in the marriage law are, and we all know that the way of divorce is generally divided into two kinds, the first is divorce by agreement, as long as the conditions such as property division are done, you can handle it yourself by going to the Civil Affairs Bureau, and the second is because the two parties have uneven property division, or when one party is unwilling to divorce, you can go to the court to file a lawsuit for divorce. When someone is neither willing to file a lawsuit for divorce nor willing to divorce by agreement, in this case, many people think that as long as the husband and wife have been separated for 2 years, then the court will definitely be able to automatically judge the divorce, but in fact, if you want to be judged as an automatic divorce, you also need to meet many conditions, and it is not your understanding that you can automatically divorce after 2 years of separation. Will a couple automatically divorce after 2 years of separation?

Now that the society is getting better and better, many people may be separated from each other for work and study reasons, if it is because of these reasons that the separation lasts for up to two years, then in this case, no matter which party files for divorce, the court will generally not accept it, after all, the conditions for automatic divorce after two years of separation can only be because of emotional discord, if it is because of other objective factors that cause a long period of separation, this situation cannot be used as a reason for divorce.

According to the two-year time determination calculation method is from the second day of separation of the husband and wife, until the expiration of the two-year period, to the end of the time point when the court initiates the divorce lawsuit, and this time period can only be counted as continuous time, if the husband and wife are reconciled for some reasons after a period of separation, but after a period of cohabitation, and then again due to irreconcilable contradictions, then this intermittent separation, the cumulative two-year separation time will not be recognized.

When the court initiates a divorce lawsuit, if the separation for two years is used as the reason for divorce, it is difficult for the court to determine this, after all, the separation of husband and wife is a relatively difficult to define privacy, so if you want to successfully use separation for 2 years as the reason for divorce, you must come up with actual evidence of separation, such as the contract of one party at the time of separation, the written separation agreement signed by both parties, and the correspondence and emails that can prove that the two parties are separated due to emotional discord. In order for the court to have reason to believe that the parties were indeed separated due to emotional discord.

First of all, there is no such thing as automatic divorce in China, only you reflect the divorce by litigation or divorce by agreement. Separation for two years only meets some of the conditions for divorce, and if you want to divorce, you should also pay attention to the fact that separation emphasizes that the husband and wife do not fulfill their marital obligations to each other, rather than unilaterally not fulfilling their family obligations; The reason for the separation must be the breakdown of the relationship; Separated for two years due to a breakdown of relationship, but there is no possibility of reconciliation through mediation. Divorce can only be granted if the above conditions are met.

Article 32 of the Marriage Law of the People's Republic of China stipulates that "if the parties have been separated for two years due to emotional discord, the divorce shall be granted if mediation is invalid." The implication is that if the separation has lasted for more than two years due to emotional incompatibility, the court should grant a divorce.

From this point of view, it is possible to divorce after two years of separation due to emotional incompatibility.

Legal analysis: Even if the separation has been two years, it is not automatically regarded as a divorce, and the divorce by agreement needs to go to the Civil Affairs Bureau to go through the divorce procedures Pei Rutong, and the lawsuit for divorce must be filed through the court, and the divorce is officially divorced after the judgment takes effect.

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

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

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.

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 feelings of affection and frank 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.

According to the laws of our country, divorce is divided into divorce by agreement and divorce by litigation, and separation for two years is only a situation in which the court determines that the relationship between the husband and wife has broken down, and separation for two years will not automatically divorce.

The argument that divorce is automatic after two years of separation does not exist at the legal level. There are two circumstances for the automatic dissolution of marriage, one is when one of the spouses dies, at which time the marriage relationship is automatically dissolved, and the other is when one of the spouses is declared dead, and the marital relationship between the person declared dead and his or her spouse is extinguished from the date of the declaration of death.

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.