-
2 years of separation is one of the conditions for suing for divorce, and it is not possible to divorce after two years of separation, but also depends on whether it is emotional discord. I think you can sue first, and the court may first sentence you not to leave, and then in half a year, your two-year time is up, and you can basically be sentenced to leave when you enter the second instance. It's best to discuss emotional matters.
It is also possible to divorce by agreement.
-
Divorce can be obtained after two years of separation.
-
After 6 months of separation, you can go to the court to file for divorce.
-
Legal analysis: If it is an agreed divorce, as long as both parties reach an agreement on all matters, the divorce can be registered at any time. If the lawsuit goes to the court to divorce the divorce and the separation has been separated for two years due to emotional discord, the court will support the divorce.
According to Chinese law, if the relationship between the two parties breaks down, they can go through the divorce procedures directly. If the parties cannot reach an agreement on issues such as property division and child support, they can sue the court for divorce. Regardless of the length of separation, the marriage does not automatically terminate if both parties do not file for divorce.
In accordance with relevant laws and regulations, if the marriage registration authority discovers that both parties have voluntarily divorced and have reached an agreement on matters such as child support, property, and debt handling, it shall register and issue a divorce certificate.
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. Dash.
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.
-
The law does not stipulate how long a divorce can be obtained after separation. If the divorce is filed after two years of separation due to emotional discord, the court will uphold the divorce.
Article 32 of the Marriage Law stipulates that if a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. The people's court hears divorce cases, and conducts mediation with a good conversation; If the relationship has indeed broken down and mediation fails, the divorce should be granted. If the mediation is ineffective and the divorce is granted, the divorce shall be granted.
-
Separation for two years due to emotional discord is a situation in which divorce is a front, but China's "Marriage Law" stipulates that if the relationship has indeed broken down and mediation fails, the divorce should be granted. Therefore, the basis for divorce is the actual breakdown of the relationship, and separation is not a necessary condition.
According to Article 31 of the Marriage Law of the People's Republic of China, divorce shall be granted if both a man and a woman divorce voluntarily. Both parties must go to the marriage registration machine to apply for divorce. 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.
-
Whether it is a divorce by mutual agreement or a divorce by litigation, it can be handled without cohabitation.
The law does not stipulate how long it takes to divorce after separation, and no matter how long the separation lasts, if both parties do not file for divorce, the marriage will not be automatically dissolved. If you sue for divorce and have been separated for 2 years, the court will support the divorce. If the two parties do not reach an agreement on the division of property and child support, they can sue the court for divorce.
The law does not stipulate how long it takes to divorce after separation, and no matter how long the separation lasts, if both parties do not file for divorce, the marriage will not be automatically dissolved. If you sue for divorce and have been separated for 2 years, the court will support the divorce. If the two parties do not reach an agreement on the division of property and child support, they can sue the court for divorce.
Usually the couple has been separated for two years.
The Marriage Law stipulates that if the relationship has indeed broken down and mediation fails, the circumstances under which a divorce shall be granted are: >>>More
A marriage without feelings is a pain for both of them, and choosing to divorce is not a relief, escaping from this fetters and starting again to find happiness. There are usually two ways to get divorced, one is divorce by agreement and the other is divorce by litigation. However, there is often another way of divorce in society, "the husband and wife can automatically dissolve the marriage relationship after two years", is this sentence true? >>>More
Separated for two years.
Article 32 of the Marriage Law stipulates that if a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. >>>More