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As long as the relationship between the husband and wife breaks down, the divorce can be registered, or the divorce can be sued in court.
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.
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After two years of separation, the court considers the relationship to be broken down and generally grants a divorce. Regarding marriage and family issues, you can ask further questions in the legal aid post.
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Hello! How long you are separated will not automatically divorce. There are only two ways to divorce, one is to divorce by agreement with the Civil Affairs Bureau, and the other is to go to the court for divorce.
This is the provision of the "Marriage Law" on the issue of ordinary divorce for your reference: 1. Conditions for divorce According to the provisions of the "Marriage Law", if the relationship between the husband and wife has indeed broken down, divorce can be adjudicated. 2. Regarding child support and child support For the issue of child support, it is necessary to carefully confirm the situation of both parties from the perspective of being conducive to the growth of the child, but the child during the breastfeeding period is generally awarded to the woman to raise, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and seek the child's own opinion.
The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child. 3. On the division of joint property The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and generally half of the person.
If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price. 4. About the divorce procedure, required documents and fees If it is a divorce by agreement, after negotiation between the two parties, go to the original marriage registration authority to go through the divorce formalities and receive the divorce certificate with the divorce agreement, marriage certificate and ID card of both parties; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located.
The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away. If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".
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If you do not go to the Civil Affairs Bureau for divorce, you are legally husband and wife.
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The so-called separation for 2 years is only the factual basis for determining the breakdown of feelings, if the man and woman have been separated for 2 years due to emotional discord, it can be regarded as a true breakdown of the relationship, mediation is invalid, and divorce should be decided.
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If three persons prove that the husband and wife have been separated for three years, and there is indeed no marital relationship, and the woman is not breastfeeding, the court may grant a divorce.
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There is no automatic divorce unless one of the parties dies.
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If you haven't been together for 3 months, you will automatically get divorced.
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Hello, the Marriage Law stipulates that separation for two years is in line with the statutory divorce, but as long as both parties confirm that the relationship has broken down, they can agree to divorce.
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You can sue for divorce after two years of separation.
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As long as you're out of feelings, you can do it anytime.
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The court has never had an automatic divorce.
The original provision of the misunderstood law reads: "In any of the following circumstances, mediation is invalid and a divorce may be granted: ......."Separated for 2 years due to emotional discord between the husband and wife; ......
There has never been such a thing as automatic divorce in China, and the dissolution of marriage requires either an effective divorce judgment from the court or a divorce certificate from the Civil Affairs Bureau.
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1. There is no provision for automatic divorce in law.
2. There are only two ways of divorce: divorce by agreement and divorce by litigation.
3. In the case of divorce by mutual agreement, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register the divorce.
Mainland residents who have registered for divorce shall present the following documents and supporting materials:
1) The person's household registration booklet and ID card;
2) The person's marriage certificate;
3) A divorce agreement signed by both parties.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.
4. Divorce by litigation.
1. If the agreement fails, you can collect evidence of the breakdown of the relationship and go to the court to file for divorce, if there is no property of more than 200,000 yuan, the case acceptance fee is 240 yuan.
2. In litigation divorce cases, the lawsuit is generally filed at the defendant's domicile. The criterion of whether the court grants a divorce is "the relationship has indeed broken down, and the mediation is ineffective", usually the first lawsuit is not allowed to grant a divorce, and the second lawsuit after 6 months or a year will generally grant a divorce.
3. The joint property of the husband and wife shall be divided equally, and the joint debts of the husband and wife shall be shared equally.
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A divorce can be granted if the relationship between the husband and wife breaks down, and the court uses two years of separation as evidence of the breakdown of the relationship.
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If the other party does not agree, it cannot be handled at the Civil Affairs Bureau, and it is generally separated for 2 or two years, and the relationship between the husband and wife can be considered to have broken down if the mediation is ineffective.
If one party cannot go to the civil affairs department for a compulsory divorce for a long time, he can only file a lawsuit with the court, which is generally two years of separation.
The evidence to the Civil Affairs Bureau for divorce is based on the willingness of both spouses. According to the provisions of the Marriage Law, if the husband and wife have been separated for two years due to emotional discord, the relationship shall be deemed to have broken down. If you file for divorce in court and the mediation fails, the divorce shall be granted.
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Hello, if the relationship between the husband and wife has indeed broken down, it is recommended to sue as soon as possible, and it is not advisable to delay it for a long time. Two years of separation is only a case of rupture, and it is difficult to prove the future.
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Do you mean separation? Normally, it should be more than 5 years, and you can file a complaint with the court.
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According to Article 32, Paragraph 2, Paragraph 4 of the Marriage Law, if the separation has been for two years due to emotional discord, it shall be invalid after mediation and the divorce shall be granted
Generally speaking, the fact that a husband and wife have been separated for two years due to emotional discord can generally constitute a fact that the relationship between husband and wife has broken down.
"Separation" means that husband and wife no longer live together and no longer fulfill each other's marital obligations, including stopping sexual life, no longer cooperating financially, no longer caring for each other and helping each other in life, etc. If they have been separated for two years, it means that the relationship between husband and wife has become a formality and exists in name only. Where a party applies to the people's court for divorce on this ground, if mediation fails, the divorce shall be granted.
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Separated for two years due to emotional discord.
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Depending on the situation, such as a relationship breakdown for 2 years, if....,
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