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Anonymous users2024-02-07It 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.
Both the previous bankruptcy law and the current civil law clearly stipulate that if the husband and wife have been separated from each other for two years, it is a prescribed situation to assess that the relationship between the husband and wife has indeed broken down. As we all know, in the case of suing for divorce, the only criterion for whether the court rules that the husband and wife are divorced from each other is to see that the relationship between the husband and wife has indeed broken down. Only when the relationship between the husband and wife has broken down will the court decide that they are divorced.
If the relationship between the husband and wife has not broken down and can still be reconciled as before, then it is not easy for the court to rule on the divorce of each other.
This means that once the husband and wife have been separated from each other for 2 years, and one of the spouses submits the divorce petition to the court on this ground, believing that the relationship between the husband and wife has indeed broken down, and then stipulates that the court rules for divorce, the court is likely to assess that the relationship between the husband and wife has indeed broken down on the grounds that the husband and wife have been separated from each other for 2 years, and then rule that the husband and wife are divorced.
Therefore, the problem is already clear. That is, if the husband and wife have been separated from each other for 2 years, it is not easy to cause the husband and wife to divorce each other automatically, but it can be judged that the relationship between the husband and wife has indeed broken down. One of the spouses may refer the divorce petition to the court on this ground, requiring the court to rule the divorce.
In addition, it is particularly important to note that the fact that a husband and wife have been separated for two years is only one of the circumstances in which the relationship between the husband and wife has actually broken down, and it does not mean that the divorce petition can only be mentioned if the husband and wife have been separated from each other for two years. For example, if one of the spouses has bad habits of domestic violence, gambling and drug abuse, and does not change his or her mistakes, these can be used as reasons to assess the breakdown of the relationship between the husband and wife, and then the divorce petition is referred to and the court is required to rule on the divorce.
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Anonymous users2024-02-06If the husband and wife are not in harmony, the husband and wife agree to divorce, if the agreement is not reached, they can file a lawsuit in the people's court and request the court to make a trial and judgment.
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Anonymous users2024-02-05It is not possible to divorce automatically, you need to go to the court to sue for divorce to prove that the relationship between the two people is broken, or go directly to the Civil Affairs Bureau for divorce.
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Anonymous users2024-02-04No, there is no provision in the law that a husband and wife can automatically divorce after two years of separation.
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Anonymous users2024-02-03Legal Analysis: Two years of separation does not automatically cause a divorce. Divorce must go through a legal process. Both men and women must go to the marriage registration authority where one of the parties has a permanent residence to register the divorce. Or go to court to sue for divorce.
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 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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Anonymous users2024-02-02A husband and wife who have been separated for two years are not automatically divorced, but they can file for divorce in court after two years of separation due to emotional discord.
Legal basis] According to Article 32 of the Marriage Law, if a man and a woman request a divorce, the relevant departments may mediate 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.
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Anonymous users2024-02-01Can I get an automatic divorce after two years of separation? In China, there are two ways to dissolve marriage: divorce by agreement and divorce by litigation. Therefore, even two years of separation do not automatically grant a divorce. However, without the consent of the other party, you can go to the court to sue and ask for a divorce.
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Anonymous users2024-01-31The end of the marriage relationship is premised on the conclusion of the divorce certificate by both parties or the death of one of the parties, and the premise of divorce after two years of separation is that the husband and wife are not in harmony, and if one party does not agree to the divorce, or the relationship is very good, the divorce will not be divorced after 10 years of separation.
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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