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You still have to agree on whether you can divorce by agreement, and if both parties are willing to divorce, you can divorce by agreement, and then go to the civil affairs department to go through the divorce procedures.
If one party does not agree and the other party can resort to law, then four years of separation can be presented as evidence of a breakdown of feelings, but there must be evidence of four years of separation.
Regardless of the number of years of separation, divorce proceedings must be carried out. There is no such thing as automatic divorce.
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No, your previous marriage has not ended, you can go to the court to apply for divorce, the reason is that you have been separated for three to four years, and I believe that the law will support your divorce, but you cannot remarry if you have not divorced, otherwise it will be bigamy.
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It's not okay for the time being, although they have been separated for so long, but after all, they haven't gone through the divorce procedures, so it is better to go through the previous procedures before getting married.
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If you and your wife have only been separated for a long time, but have not gone to get a divorce certificate, then of course you can't get married, after all, it's not legal, it's better to divorce first.
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No, because there is no divorce, if you get married, it is bigamy. Although they are separated, they are still husband and wife, and they still have legal effect.
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If you have been separated for three or four years and can sue for divorce, you can generally handle it directly. After having a divorce certificate, you can go through the marriage formalities again.
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Yes, three years of separation is an automatic divorce, but you have to have evidence that you are separated
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It is necessary to first issue a notarization to prove that they have indeed been separated for three years, go to the court to sue for divorce, and then get married.
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It's better to divorce the previous marriage cleanly before getting married, in case the law is not suitable, it will be troublesome.
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If you want to divorce first, you can get married after the divorce, otherwise you may commit bigamy.
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Of course not, you have to divorce before you can get married, otherwise it will be bigamy.
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No, you would be guilty of bigamy, and you can only get married after a divorce.
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If there is evidence of separation, you can file for divorce with the court.
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You can't get married without dissolving the divorce, and if you get married, it's bigamy.
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Let's ask the legal side what to do in this situation.
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No, you must get divorced before you can get married.
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If you get married for the second time, you must have a divorce certificate to get it again.
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No, you have to go through the divorce procedures first.
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No, this would be a crime of bigamy.
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Don't ask, no, you must need a divorce certificate.
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No, there is no divorce procedure.
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You have to get divorced before you can get married.
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No, you still have to go through divorce procedures.
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Legal analysis: According to the relevant laws and regulations of our country, the husband and wife who have been separated for three years are not considered divorced, and the marriage relationship will only be dissolved after the divorce is registered or the court decides the divorce. If there is no divorce formalities, no matter how long the separation has been done, it is not considered a divorce.
There are only two ways to get divorced:1Both parties go to the Civil Affairs Bureau to register the divorce; 2.
Go to court and sue for divorce.
Legal basis: Article 1079 of the Civil Code of the People's Republic of China: 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 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.
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After three years of separation, there are two ways to divorce, namely divorce by agreement and divorce by litigation.
1. The following conditions must be met for a divorce by mutual agreement:
1.Both parties agree to divorce.
2.The parties are legally married.
3.The two sides reached an agreement on the division of property and other issues.
4.Both parties have full capacity for civil conduct.
2. Conditions for divorce by litigation:
1.The parties are legally married.
2.The party initiating the divorce lawsuit is a party to the marriage relationship and has full capacity for civil conduct.
1. What are the conditions for divorce?
The prerequisites for divorce are as follows:
1. Both parties have a legal marital relationship;
2. Divorce by mutual agreement also requires both parties to have full civil capacity, and both agree to the divorce and reach a consensus on issues such as property division;
3. Litigation divorce requires that the party who initiates the divorce lawsuit is a person with full civil capacity and is a party to the marriage relationship.
Process of Divorce by Mutual Agreement:
1. Application by the parties;
2. Preliminary examination by the marriage registration authority;
3. Issue the "Receipt of Acceptance of Divorce Registration Application";
Apply for the issuance of a marriage certificate upon the expiration of the cooling-off period for divorce;
5. Examination by the marriage registration authority;
6. Registration and issuance of divorce certificate.
2. How to divorce two disabled people.
1. Two disabled persons have full capacity for civil conduct, and they can divorce by agreement or go to the court for divorce; If these two disabled persons do not have full civil capacity, then they can only go to the court to file for divorce, and cannot divorce by agreement, because one of the requirements for divorce by agreement is that the parties to the divorce have full civil capacity.
2. Legal basis: Civil Code
Article 1076: Where a 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 1080: Marriage is dissolved when the registration of divorce is completed, or when the divorce judgment or mediation document takes effect.
Article 1076 of the Civil Code provides that if 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.
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