How long does it take for a husband and wife to run away and the marriage is automatically dissolved

Marriage is not automatically dissolved, and must be dissolved by a court decision. However, if the husband and wife have been separated for more than two years, your de facto marriage no longer exists, and the court will grant a divorce only if this condition is met.

According to the Marriage Law, a marriage is considered invalid if it is separated for six months. After six months, you can end your marriage by going to court and proving that she is the party at fault. And you can win the case.

The Several Specific Opinions of the Supreme People's Court on How the People's Court Determines that the Relationship between the Husband and Wife Has Truly Broken Down in the Trial of Divorce Cases has made specific provisions on the breakdown of the relationship between the husband and wife: When a people's court hears a divorce case, whether or not the divorce is granted or not shall be based on whether the relationship between the husband and wife has truly broken down. To determine whether the relationship between husband and wife has truly broken down, a comprehensive analysis shall be made from aspects such as the basis of marriage, postmarital feelings, reasons for divorce, the current state of the relationship between husband and wife, and whether there is a possibility of reconciliation.

According to the relevant provisions of the Marriage Law and the practical experience of adjudication, in any of the following circumstances, it shall be deemed that the relationship between husband and wife has truly broken down. If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law. 12 Where one party's whereabouts have been unknown for two years, and the other party sues for divorce, but no whereabouts are found through public announcement.

Under normal circumstances, if you haven't come back within a year, the marriage will be automatically dissolved, but you also need to see the reason for leaving.

It is necessary to apply to the people's court for a declaration of disappearance, and the whereabouts are unknown for two years, and the marriage relationship will not be automatically dissolved, and the divorce must be filed with the people's court. If the other party is declared missing and one party sues for divorce, the court will grant the divorce.

The court can only rule on the dissolution of a marriage if the husband and wife have been separated or absent for more than 3 years without any pronunciation.

There is no automatic divorce, there are only two ways to divorce, one is to divorce by agreement, the other is to sue for divorce, separation for two years is just a reason for divorce, you are separated for a lifetime, the relationship between husband and wife has not been dissolved, the joint property is divided equally, the party who wants the child can divide more, the party who is not at fault can divide more, and the party who does not want the child to pay the child support.

Excuse me, if one of the spouses runs away from home, how long will the marriage be automatically dissolved?

Hello, I'm glad you have a question about: Excuse me, husband and wife dig one party, if one party runs away from home, how long is the marriage automatically dissolvedStrictly speaking, according to the law of the phase of the heartburn limb nuclear gate, if there is no contact during the three years, the marriage will be automatically dissolved. If it is more than two years, it can be sued.

Generally, if one party sues for divorce, he or she can sue for divorce on the grounds that he or she has been separated for two years, and the court will accept it in accordance with the law.

In this case, when dealing with it, first, the existing marriage relationship must be dissolved first; Second, there are two ways to dissolve the marriage relationship, either to apply for a declaration of disappearance, or to directly sue for divorce on the grounds that they have been separated for two years.

Article 1079 of the Civil Code: 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 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) Circumstances in which filial piety leads to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates a divorce lawsuit, 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 law, if the spouse of a missing person wants to dissolve the marriage relationship with the missing person, he or she may file a divorce lawsuit with the People's Court of Civil Law, and after the court accepts it, it will make a public announcement, and the missing person shall be limited to three months to respond to the lawsuit. If the missing person does not file a lawsuit within three months, the court may make a judgment in absentia to divorce the marriage, and the judgment shall be served by public notice, and three months from the date of the announcement shall be the effective period for service, and after three months, after a fifteen-day appeal period, if the missing person does not file an appeal, the divorce judgment shall take effect and the marriage relationship shall be terminated.

The Code of Civil Procedure stipulates that a citizen's whereabouts have been unknown for two years. It is possible to apply for a declaration of disappearance. The whereabouts of the citizen have been unknown for four years, or for two years due to an accident, or it has been proved by the relevant authorities that the citizen is impossible to survive.

It provides for the possibility of an application for a declaration of death, and in the event that one of the parties to the marriage is declared dead, the marriage terminates naturally.

Running away from home? The only way to get a divorce is by the Civil Affairs Bureau and the court. In the case of the latter, evidence is required to have been separated for at least 2 years, and the separation is due to emotional discord, which is hardly proven in practice. It is advisable to sue for divorce directly on the grounds of the breakdown of the relationship between the husband and wife.

Legally, two years of separation is a condition for a divorce to be granted, provided that there is evidence that the separation has been two years, or that the other party can acknowledge that two years of separation has been made.

However, this is more difficult to prove, unless there is evidence of going abroad or living in another city, if the other party does not admit to two years of separation, the judge will generally not accept it, and it is actually difficult to practice the statement of two years of separation in divorce cases.

Half a year, during which you can appeal repeatedly.

If you don't live in a month, you can apply for divorce, and I just left.