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According to the provisions of the current Marriage Law, even if the marriage is separated for two years, the marriage relationship will not be automatically dissolved, and the separation as an important condition for divorce is the most difficult to prove.
It is recommended that you file for divorce with the court, and if you really can't find anyone, the court will announce the service of a summons, and your previous judgment of suing for divorce can be provided as evidence that the relationship between the parties has indeed broken down.
Hope it helps
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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.
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There is no such thing as automatic dissolution of the relationship, it is recommended that you file a lawsuit directly with the people's court, and the court will try to serve it or announce the service.
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The law says that two years of separation can be regarded as automatic dissolution of marriage, but the procedures that should be done still have to be done, and there must be a legal basis, or it will be troublesome for you to remarry in the future.
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Divorce can only be granted if the husband and wife agree to divorce, or one party sues the people's court for divorce, and the husband and wife have been separated for two years due to emotional discord, and the relationship has indeed broken down and mediation is ineffective.
[Legal basis].
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.
The people's court hearing the divorce case of Chi Yan 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 or more, and one party initiates divorce proceedings again, the divorce shall be granted.
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According to Article 32 of the Marriage Law, it can be seen that due to emotional discord after two years of separation, it can be done in a situation where the person who is in love can be dissolved and broken down. Therefore, it is necessary to pay attention to the following points: 1. Two years of separation should be two consecutive years.
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A two-year separation can only be a condition for divorce and cannot be automatically dissolved. It is necessary to go through the divorce formalities and obtain a divorce certificate in accordance with the law.
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Can I unilaterally dissolve my marriage after living in a group chain for two years? There is no such thing as automatic divorce in our country. There are two ways to get divorced.
One is that the husband and wife reach an agreement through consultation, go to the civil affairs department to go through the divorce formalities, and obtain the divorce certificate. One is to file a lawsuit in the people's court if the negotiation fails. So whether the court ruled that the standard for divorce was that the relationship between the husband and wife had indeed broken down.
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Separation for two years cannot automatically dissolve the marriage, and you need to go to the Civil Affairs Bureau to go through the divorce procedures.
Silent people, sometimes erupting can have unexpected effects. My opinion is to ask her directly and boldly, but don't be in a hurry to confess. Remember.
Two years of separation does not automatically result in a divorce. Marriage is not automatically dissolved. Separation for two years due to emotional discord is only a condition for granting a divorce, and the court shall grant a divorce if it can be proved that the separation has been separated for two years due to emotional discord. >>>More
I happen to see your question and think it's a little interesting, just talk about your thoughts, I think people like the new and hate the old, the boy in front of you has a different temperament and taste from your boyfriend, you feel very fresh, you are very eager to get to know him, it feels good to stay with him, right, but you don't know this person at all, your good feelings about him are all made up by your wishful thinking If you are really together, and he doesn't really like you very much, he may be very cold to you and doesn't care about you, can you bear it In fact, both men and women will like good-looking and excellent people of the opposite sex, this is human nature, I suggest you can try to find something to divert your attention, and come back after a while, you may not like that guy that much, in other words, it's just your impulse, and that's all, I hope it will help you.
My boyfriend and I also have a personality conflict, we quarrel and don't give in, every time we have a fight, our parents don't object to us, and even his parents are very supportive of us, and they want me to marry him, but we have a big fight, my parents are against us, and one day, we really broke up. Although I don't know what he thinks, I really wanted to forget about him at the time, after all, the quarrel was too strong, and I didn't want to quarrel endlessly after I got married. A few days later, I thought he couldn't think about it, and it was painful to think about our past, and finally I decided to go back to him, and he happened to come to me that day. >>>More
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"?