Divorced, we were emotionally discordant, and we were separated for almost a year

Hello: There are two ways to divorce: one is divorce by agreement, if the two parties can reach an agreement on the division of property and child support, then you can draft the "Divorce Agreement", and then the marriage registration authority in the place where one party is registered will handle the divorce by agreement.

The second is litigation divorce, in which one party does not agree, the other party can only go to the court to sue and ask for a divorce.

The specific procedure is to first determine the competent court, and the basic principle of jurisdiction in civil litigation is the principle of the plaintiff against the defendant. Under normal circumstances, the plaintiff must file a lawsuit at the defendant's domicile, which is the place of household registration. If the place of habitual residence is inconsistent with the place of household registration, the place of habitual residence shall be the domicile.

A habitual residence is a place where you have lived in a continuous residence away from your place of residence for one year.

Secondly, it is necessary to write the "Indictment" and prepare identity certificates and evidentiary materials. A copy of the main ID card and marriage certificate, which can prove the breakdown of the relationship between the husband and wife.

Finally, after preparing these materials, go to the court to file a case. Hearing on a date fixed by a court summons**.

The above is the basic procedure, and there are many detailed regulations for specific operation, which must be analyzed in combination with your specific situation.

Separation for two years is a legal condition for divorce. After filing a case with the court, the judge will make his own inner judgment based on other evidence and the statements between the parties to determine whether to grant the divorce.

In the case of divorce, it is enough to sue the court for divorce directly. You can also discuss with the other party and go to the Civil Affairs Bureau for divorce.

Beijing Li Peixuan lawyer.

1.The way of divorce, the law stipulates, can be divorced as long as the relationship between the couple breaks down. Divorce is divided into: ADivorce by mutual agreement (both husband and wife go to the Civil Affairs Bureau to handle it, almost free of charge), bDivorce proceedings (filing an application with the local people's court, charging a fee).

2.The divorce agreement should reflect the division of property: the joint debts of the husband and wife need to be repaid by the joint property of the husband and wife; personal debts, which need to be repaid with personal property;

3.The agreement should also reflect the distribution of child support; The child is still an infant and it is advisable to live with the mother, and the husband will pay maintenance on a monthly or lump sum (or if the price of goods and other circumstances change in the future, the husband can also ask the husband to increase the maintenance).

4.If you don't have the money, you can go to your local justice bureau and apply for free "legal aid".

The conditions are met, go ahead, and it's OK to be separated for 10 months, it seems

It hurts to be able to leave or part. Especially women.

Is it fun to get married and divorced Why did you take it in the first place.

Divorce can be obtained after two years of separation due to emotional discord, and if the husband and wife divorce by agreement voluntarily divorce and reach an agreement on matters such as child support, property and debt handling, they can go to the marriage registration office to go through divorce procedures; or if Pei Zaoshi sues the people's court for divorce, and the people's court rules that Zhun Yan deferred the divorce, the marriage relationship will be dissolved when the judgment takes effect.

Article 1079 of the Civil Code of the People's Republic of China: 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.

Divorce can be granted after two years of separation. The husband and wife must be separated because of emotional disagreement, and the separation time needs to be two years or more to prove that the relationship between the husband and wife has indeed broken down, and the court will grant the divorce after review. Article 107 and 19 of the Civil Code stipulates that 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Legal basis. <>

Article 1079 of the Civil Code.

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 gambling, drug abuse, or other vices that have been repeatedly taught;

(4) They have been separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between the husband and wife.