Three years of separation is not considered an automatic divorce

There is no provision for automatic divorce.

According to the Marriage Law of the People's Republic of China:

Article 31: Where both men and women divorce voluntarily, the divorce is 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 and a woman request 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.

Therefore, divorce should first be negotiated by the husband and wife, and if the negotiation fails, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. The court will make a judgment in accordance with the relevant provisions of the Marriage Law.

Under no circumstances can a divorce be automatic. There are only two ways to divorce, the first is divorce by agreement, where both parties go to the marriage registration office to obtain a divorce certificate; The second:

In litigation divorce, one party sues the court for divorce, and the court decrees the divorce or mediates the divorce. In both ways, if the relationship between the husband and wife has indeed broken down for any reason, it is necessary for both parties to participate (except for the default judgment) before the final divorce can be handled by the administrative department (civil affairs bureau) or the judicial department (court). Therefore, there is no such thing as automatic divorce.

Divorce can only be resolved by going to the Civil Affairs Bureau or the court to resolve it; The law does not say that separation is automatic divorce after X years!

Even if there is no divorce in name, but in reality there is a divorce. Feelings need to be moistened by love over time, what is the difference between separation (war, military service) and divorce in the absence of special circumstances?

Legal Analysis: Divorce can be granted if the relationship breaks down after three years of separation. Divorce can be obtained by agreement after three years of separation, and divorce can be filed if the agreement is not reached.

The reason for divorce is the breakdown of the relationship and not the length of separation, and the separation after two years of separation and because of emotional discord is only one of the signs of a breakdown of the relationship, and is not a necessary condition for divorce.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China, if 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, the 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 abuse and not changing their ways;

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 allowed, the parties have been separated for one year or more, and one party initiates divorce proceedings again, the divorce shall be granted.

Legal analysis: If the husband and wife have been separated for more than three years, it is not considered an automatic divorce; There are two ways to dissolve the marriage relationship, one is to register the divorce by mutual agreement with the civil affairs department, and the other is to file for divorce in the court. Therefore, no matter how long the separation lasts, the marriage relationship will not be automatically dissolved, and the divorce must go through the corresponding legal channels.

The Civil Code stipulates that the husband and wife have been separated for two years due to emotional discord, and one party sues the court to grant a divorce through mediation, but it is not that the marriage relationship is automatically dissolved after two years of separation, let alone two years of separation before the divorce. The criterion for the court to dissolve a marriage is whether the relationship between the husband and wife has broken down, and separation is only one of the factors that determine the breakdown of the relationship. The length of separation is not the procedure and manner of divorce.

In order to achieve the goal of dissolving the marriage relationship, it must be handled through the channels of dissolution of the marriage relationship prescribed by law.

Legal basis: Article 1078 of the Civil Code If the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt handling, it shall register and issue a divorce certificate.

Separation for three years is not considered automatic divorce, and there is no provision for automatic divorce in our country. There are two ways of divorce: divorce by agreement and divorce by litigation, the divorce by agreement is agreed upon by both parties, and after signing the divorce agreement, the divorce registration authority is applied for divorce registration, and the divorce certificate is issued after the divorce cooling-off period; Litigation divorce is a situation where one party files a divorce lawsuit with the court, and after the court hears the case, it can determine that the relationship between the husband and wife has broken down and the mediation is ineffective, and the divorce shall be granted.

Legal basis

Article 1076, Paragraph 1 of the Civil Code, 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. Article 1077:Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed to have withdrawn the application for divorce registration.

Where one of the spouses in paragraphs 1 and 2 of Article 1079 requests a divorce, the relevant organizations may conduct mediation or directly initiate divorce proceedings in the people's courts. The People's Court hearing a divorce case shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

The Marriage Law stipulates that divorce can be handled after half a year of separation, and separation for 3 years cannot be regarded as automatic divorce, which requires procedures, and the procedures must be present at the same time for both parties to express their consent when they can leave, if the conditions are not met, then they have to sue for divorce, sue for divorce, and separation for 3 years will be beneficial to the success of the divorce.

Sue for divorce, the court can decide.

After three years of separation, you can file for divorce like the court, but the premise must be that you have evidence, and both parties must sign to take effect

It should only be regarded as a condition or basis for divorce, and it is always necessary to go through the legal procedures of divorce by agreement or judgment divorce, and obtain a divorce certificate as the standard for divorce.

If you do not go to the Civil Affairs Bureau to obtain a divorce certificate or you do not file a lawsuit with the court, and the court does not rule that you divorce, no matter how long you are separated, there will be no such thing as "automatic divorce".

You may have a misconception. It is the concept of "two years apart" in China's marriage law. "Two years of separation" is only a condition for the court to consider the relationship of the husband and wife to be broken, and it does not necessarily lead to divorce, so you want to divorce and consider that the relationship between the husband and wife has broken down, provided that you file a lawsuit with the court.

Article 32 of China's "Marriage Law" stipulates that one of the legal grounds for a husband and wife to file for divorce is "separation for two years due to emotional discord." ”

However, this means that the separation has reached two years, which is the reason for divorce, and does not mean that the court will definitely grant a divorce after two years of separation. When filing a lawsuit for divorce with Court F, whether the judge will grant divorce depends on whether the relationship between the husband and wife has indeed broken down and whether there is a possibility of reconciliation. Two years of separation can be used as a reference for the judge to judge the feelings of the husband and wife, but it is not a basis

Even if two people have been separated for ten or twenty years, as long as they have not gone through the divorce procedures, the Civil Code stipulates that if the two parties have been separated for more than three years and go to the court to sue for divorce, the court can regard the relationship between the two people as broken down and meet the conditions for divorce. Separation for more than three years is a ground that can be granted for divorce.

I hope the lawyer's answer is helpful to you.

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 "three-year" period of "three 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.

It doesn't count if there is no divorce procedure.

There is no such thing as automatic divorce. Either a divorce by mutual agreement or a divorce by court proceedings.