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Hello, according to the relevant provisions of China's current marriage law, there are two ways to divorce, one is to go to the civil affairs department for divorce registration through consultation between the two parties, and the other is to sue for divorce in the people's court, in addition to this, it will not automatically divorce due to emotional discord and separation for more than 20 years, but there are similar provisions in China's civil law that husband and wife can be divorced after two years of separation, he is only a reason for divorce, but it is not the basis for automatic divorce, so if the relationship has broken down, Two people really can't continue to live, so breaking up and divorce is also a last resort, so it is a responsible attitude for both parties, the road ahead is still very long, mutual respect is also respect for each other's emotional road, so since you want to divorce or perform the corresponding legal procedures, it is very necessary for the future life, and it is also very responsible.
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Even if you have been separated for 23 years, it is not an automatic divorce, it can only mean that you have no feelings, and only if you go to the civil affairs department to go through the divorce procedures, this can be regarded as a real divorce
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You ask, is it considered an automatic divorce if a husband and wife have been separated for 23 years due to emotional discord? It should be considered an automatic divorce. But you have to go through the divorce process. Without divorce procedures, you can't find another one. It's also illegal.
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In some cases, I have seen that a divorce is automatically granted after three years of separation, although I think the law does not explicitly stipulate it. Twenty-three years before you became a reality, not a marriage exists, and there is no separation of you.
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between husband and wife. Because it doesn't feel like it's going to be separated. 23 years.
If you can provide evidence. Then in court. Thousands of miles of divorce cases.
Church. It's easy. Because.
Legal Provisions. Break time if separated. Three, your life.
will automatically grant a divorce.
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Is it estimated that 23 years of separation due to emotional discord is considered automatic divorce? Emotional discord and separation for 23 years are also considered automatic divorce, because if they are not together, the longest time is also considered divorce.
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It is not considered an automatic divorce, because at the end of the divorce procedures at the civil affairs department, others still recognize you as husband and wife.
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After three years of separation, it is an automatic divorce.
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The latest marriage law stipulates that a husband and wife can be considered automatically divorced after two years of separation.
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There is no automatic divorce in the law.
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You can get a divorce, but you have to go through the formalities.
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Legal Analysis: Husband and wife will not automatically dissolve their marriage no matter how long they have been separated. If you want to get a divorce, you should go through the divorce registration formalities or file a lawsuit for divorce.
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 authority.
The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the opinions on matters such as child support, property, and debt disposition.
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 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 a divorce is not permitted, and the parties have lived separately for another year, and one party initiates divorce proceedings again, the divorce shall be granted.
Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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If the husband and wife have been separated for more than two years due to incompatibility, it can be used as a reference basis for divorce, but it cannot be regarded as an automatic divorce. There is no such thing as automatic divorce in the law, and separation cannot be done for as long as possible. So at the moment you are married, and if you do not divorce through the law, remarriage is the crime of bigamy.
This situation is not an automatic divorce, but a breakdown of the relationship, which can be recognized as a de facto divorce. However, to be precise, the real divorce still has to go to the civil affairs department or the court to go through the divorce procedures.
Don't think about what to bring.,Hurry up and find time for two people to be romantic.,If the landlord is a man, hurry up and send flowers to order dinner.,If it's a woman, make a table of dishes and hold the object tightly.。。 Make up that feeling in your own brain, two people will be excited for a long time, and it is much more effective than bringing a Buddha card!
Before the divorce formalities are completed in accordance with the law, the marital relationship still exists, so the house purchased is still the joint property of the husband and wife.
Marriage Law of the People's Republic of China.
Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) the proceeds of intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Of course, husband and wife, since they are husband and wife, they are to hold hands together until they are old, if your hearts are still together, then what is the point of separation, and the heart is together, the most important thing.
It seems that there has been no contact for three years, and the divorce can be predetermined. But it is not allowed from a legal point of view.
In that case, why don't you choose to divorce, so that you can be happy with each other.
The consequence is that the relationship is getting worse and worse.
Living apart from each other is inherently estranged.
Emotional instability is recommended to try not to separate.
Otherwise, it is easy to get divorced.
There is no specific format of the divorce agreement, as long as the joint property of your husband and wife is arranged, and the children are arranged according to whom, as long as both parties are willing, it can be valid, and the line includes going to the civil affairs department to apply for a divorce certificate, even if the two parties are divorced.
You have been separated for five years, if the other party does not agree, you can go to the court to sue for divorce, after five years of separation, the court will definitely decide the divorce, as long as you have been separated for two years, the court will determine that you have no feelings and agree to the divorce.
If you divorce on the grounds of incompatibility between husband and wife, and the other party is unwilling, you must go to the court to sue for divorce, in this case, the court will not imitate the divorce, you must sue again after 6 months, from the date of the second lawsuit, two years after separation, the court will decide to divorce according to the facts.
Beg. Go to the police station to handle it.
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Of course, no, divorce requires the issuance of a divorce certificate by the civil affairs department. Otherwise, you just won't see each other for the rest of your life, and that's also a husband and wife!
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No, but if you go to sue, the separation for such a long time can allow a divorce.
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If you do not file for divorce, it is not automatically divorced. But it is possible to go to court and apply.
What are the effects of long-term separation?
Only the antecedent can have the effect later.
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Couples who live separately all year round, it is best for the man to pay his salary every month and give the money to his wife, and the husband and wife usually have time to live in each other's city for a period of time, so as to maintain the relationship between the two people.
The first thing is to communicate and communicate frequently, and then you should maintain a close relationship, and the two people should compromise with each other and should give in to each other.