How can a divorce be automatically granted, and the court automatically grants the conditions for di

Marriage and divorce are both registration systems, and the argument that divorce is automatic has no legal basis, and the marriage relationship will not be automatically extinguished without divorce registration or litigation settlement.

Marriage. Article 8 A man and a woman who wish to marry must register their marriage in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate establishes the relationship between husband and wife. Where marriage registration has not been completed, the registration shall be re-registered.

Article 9: After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, according to the agreement between the man and the woman.

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.

There is no such thing as an automatic divorce under any circumstances, and the dissolution of the marriage can only be achieved through divorce registration or a court decision. 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.

Legal basis] Civil Code of the People's Republic of China

Article 1076: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 office. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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 noisy domestic violence or abusing or abandoning family members; (3) Gambling and drug abuse and other vices 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 a divorce is not permitted, the parties have been separated for one year, and one party again initiates or initiates a divorce lawsuit, the divorce shall be granted.

There has never been a saying of automatic divorce. Does two years of separation automatically divorce? The answer is no.

Many people think that two years of separation will lead to divorce, but this is actually wrong. Separation does not have to be separated, and separation does not necessarily lead to divorce. There are two ways to get divorced:

Divorce by agreement; Divorce by lawsuit. Separation for up to two years is just one reason that can be considered a breakdown in the couple's relationship.

Hello, under no circumstances will the court automatically grant a divorce, only after you sue the court, the court will make a judgment according to the facts of the case.

Divorce must be handled through the court or at the Civil Affairs Bureau. There is no legal requirement for automatic divorce.

Divorce can only be filed by one party or both. The court will not take the initiative to grant a divorce if it ignores the lawsuit.

If the spouses have been separated for more than three years, the court will grant a divorce.

First, it must be a separation due to emotional discord.

The separation of husband and wife is caused by objective reasons, emotional disharmony, and the separation of the parties by mutual agreement. For example, a husband and wife work in two places and do not have the conditions to live together because they are far apart. This kind of separation between husband and wife is not caused by emotional discord, and even if the separation is long, it does not meet the statutory circumstances of "separation due to emotional discord" that should be granted for divorce.

There are couples who are in good relationship and do not want to divorce, but for some reason voluntarily separate. In this case, the statutory conditions for divorce to be granted under the condition of "separation due to emotional discord" are also not met.

Separation, which is a statutory circumstance for which divorce should be granted, must be caused by problems in the relationship between the husband and wife, emotional discord, emotional breakdown, and mutual dislike.

Second, the separation must be continuous and two years have passed.

First of all, two years must elapse from the second day of the actual separation of the husband and wife to the time when the divorce proceedings are filed with the court.

Secondly, the separation must be continuous, and the time of separation must be counted consecutively. If the separation is followed by cohabitation, it shall be recalculated from the day following the cohabitation and subsequent separation. It is not possible to add up the time of several separations.

Thirdly, the essence of the separation of husband and wife is that they do not fulfill their obligations to each other.

The understanding of "separation" of husband and wife due to emotional discord cannot simply be understood as living separately. Some couples live separately because of the constraints of the family's housing conditions, rather than emotional discord. However, this separation does not preclude sex between husband and wife.

They can use a variety of ways to meet the mutual needs of couples. Therefore, the essence of the separation of husband and wife, which is legally subject to divorce, lies in the fact that the husband and wife do not fulfill their obligations to each other in their sexual life due to emotional discord, and it lasts for up to two years.

Fourth, "husband and wife have been separated for two years" must be proved by evidence.

Although China's Marriage Law stipulates that "separation due to emotional discord for two years" is one of the statutory circumstances under which divorce can be granted, in practice, it is not easy to achieve the purpose of divorce by virtue of this provision. Because the soul of litigation is evidence, the court believes that it must be supported by evidence. It is easy to prove that the husband and wife live separately, but it is not easy to prove that the husband and wife have not had sex for two consecutive years.

Especially in the case where one party insists on divorce and the other party insists on not leaving, it is even more difficult to cite such evidence of strong personal privacy.

It can be seen that divorce does not have to be separated, and separation does not necessarily lead to automatic divorce, and separation for two years is not a necessary condition for the court to grant a divorce. Many people ask how to separate for two years, and there are obviously many conditions and restrictions. If the parties are determined to divorce, they should first consider hiring a professional lawyer to provide legal help and support, ** divorce by agreement or litigation.