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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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1. Can I get an automatic divorce after two years of separation?
1. Separation for two years cannot be automatically divorced. In China, divorce includes two ways: divorce by agreement and divorce by litigation. Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
2. Legal basis: Article 1076 of the Civil Code of the People's Republic of China.
Where the 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 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. 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.
2. What is the process of suing for divorce after two years of separation.
The process of suing for divorce after two years of separation is:
1. The plaintiff submits the complaint, copies and relevant evidence to the people's court;
2. The people's court accepts the documents and materials submitted by the plaintiff, conducts a review, and files the case if it meets the requirements;
3. The court serves a copy of the plaintiff's complaint on the defendant;
4. The defendant makes a written defense;
5. ** trial;
6. The court makes a judgment.
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A divorce is not automatic after two years of separation. There is no automatic divorce in our country, and there are two ways for divorce according to the law:
1. Both parties reach a consensus to go to the civil affairs department to register the divorce;
2. If the negotiation is inconsistent, go to the court to sue for divorce.
Article 31 of the Marriage LawIf both the man and the woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.
Article 32: Where a man or a woman requests a divorce, the relevant departments 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 should be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation of a person with a spouse;
2) Committing domestic violence or abusing or abandoning family members;
3) Those who have bad habits such as gambling and drug abuse that they do not change;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
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If you really want to divorce, you can go to the Civil Affairs Bureau, and don't try to say that separation is equivalent to divorce, after all, you have not gone through the divorce procedures.
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Husbands and wives who have been separated for two years will not automatically divorce. Although they have been separated for two years, it can be considered a breakdown of the relationship. At this time, two people can go through the divorce registration procedures. However, there is no automatic divorce.
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If the husband and wife have been separated for two years, they will not be automatically divorced, and the separation of two years can only mean that there is really no affection between your husband and wife, and you can go through the divorce procedures in this case.
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In this case, you can go to the law firm and ask about the situation. Let's see if this is considered a divorce After all, the two have been separated for two years After a long time, the relationship will be weak.
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If the husband and wife have been separated for two years, it can be used as the criterion for the breakdown of the relationship between the husband and wife, and there is no automatic divorce.
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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.
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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"?
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"?
Usually, a couple can file for divorce after two years of separation, but there is more than that. As long as the relationship between the husband and wife has indeed broken down, the divorce shall be granted. >>>More
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