My husband and I have been separated for a year. Can you get married without a divorce

No, it must be at least 2 years old.

According to Article 32 of the Marriage Law, one of the statutory grounds for divorce is "separation for two years due to emotional discord". This refers to the legal grounds for divorce filed by the husband and wife due to separation, and this statutory ground for divorce consists of two necessary elements, the absence of which does not constitute a legal ground for divorce.

The two necessary elements are: 1. Due to emotional discord; 2. Those who have been separated for two years.

There are two types of couples separating:

The first is caused by objective reasons, such as the husband and wife working in two cities respectively and there is no condition for cohabitation, and the situation of separation of the husband and wife is not due to emotional discord, even if the husband and wife have been separated for two years, it does not meet the legal grounds for filing for divorce due to "separation due to emotional discord".

The second is caused by subjective reasons, such as the foundation of the marriage is not solid, and the husband and wife have not cultivated their feelings after marriage and have been separated for two years, which meets the legal grounds for divorce due to emotional discord.

How to calculate the "two-year" period of "two years of separation due to emotional discord":

1. From the day after the last cohabitation jointly agreed by the husband and wife who filed for divorce to the day on which the divorce proceedings were filed (the petition was submitted to the people's court);

2. The time of separation shall be counted consecutively. If the separation is followed by cohabitation, the time of cohabitation and separation shall be recalculated from the time of cohabitation and separation, and the time of separation before and after shall be terminated, that is, the time of separation shall be counted consecutively, and the time of several separations before and after shall not be counted cumulatively.

No, he is guilty of bigamy. Do you have a marriage certificate for the next year?

No, two years of separation.

Legal analysis: Marriage and divorce are free in law, as long as both parties are willing, but divorce is relatively complicated, because divorce involves property and child custody issues, so there will be disputes.

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) 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.

1. Marriage and divorce are free in law, and divorce can be agreed upon as long as both parties are willing;

2. If one party does not agree to the divorce, or does not reach an agreement on the divorce matters, the other party can sue the court for divorce.

1. Divorce by mutual agreement requires the following procedures:

1. Prepare a divorce agreement. The man and the woman must sign a written divorce agreement, which must include the voluntary divorce and agreement on matters such as child support, property and debts;

2. Application acceptance. Both men and women need to go to the Civil Affairs Bureau in person to apply for divorce registration with their ID cards, household registration booklets, marriage certificates, written divorce agreements and other materials;

3. Cooling-off period. Within 30 days from the date of application for divorce registration, if either party is unwilling to divorce, he or she may go to the Civil Affairs Bureau to withdraw the application for divorce registration. This is known as the 30-day cooling-off period;

4. Review and issuance of certificates. If the 30 days are over, from the 31st day to the 60th day, both the man and the woman must go to the Civil Affairs Bureau in person to apply for a divorce certificate.

2. The documents required for divorce by agreement are:

1. The original household registration book of both parties;

2. Original ID cards of both parties;

3. Marriage certificate of both parties;

4. The divorce agreement jointly drafted by both parties shall be in triplicate (must be signed at the scene);

5. Two two-inch single recent color half-length bareheaded color**.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.

3. The following information is required to sue for divorce:

1. Complaint;

2. Original and photocopy of ID card;

3. Original and photocopy of marriage certificate;

4. The other party's residence certificate or household registration certificate.

4. The procedure for suing for divorce is:

1. One party files a divorce lawsuit with the court and submits a lawsuit;

2. The court reviews and decides whether to file the case;

3. After the case is filed, the complaint is served on the defendant, and the defendant responds;

4. The court arranges pre-trial mediation;

5. If the mediation fails, the court will arrange the trial;

6. The court makes a judgment.

Article 1076 of the Civil Code of the People's Republic of China 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.

Hello, you can get a divorce. Our country respects the freedom to marry, and there is no limit on the length of marriage in divorce.