How can a couple divorce if they have been separated for two years and have a 10 year old child?

To fight for custody in the event of divorce, the following conditions are required:1The materials that prove the economic ability of both husband and wife, such as salary slips, tax payment certificates, bank deposit slips, property rights certificates, etc., can provide a good living and learning environment for the children, which is very beneficial to the fight for child custody.

2.Materials proving the comprehensive quality of both husband and wife, the moral character, interpersonal relationship, education level, values and other characteristics of the caregiver will have a great impact on the character of the minor child, and provide some evidence to show their own quality as much as possible, such as academic degree certificates, various honors obtained, proof of participation in volunteer work and blood donation activities, etc. 3.

On the one hand, the materials proving the child's raising environment are, on the one hand, the living situation, such as one party's real estate with a good degree and a mature living community, which is more conducive to the child's life and schooling, and the chance of obtaining custody is greater; On the other hand, there is the situation of family members, the pace of urban life is fast, and in many cases, it is often the grandparents and maternal grandparents of the children who really take care of the children, especially for preschool children, and the healthy elderly are willing to take care of the children, which will be more beneficial to the fight for custody. 4.Children's opinions.

When dealing with custody issues, the court will carefully listen to the opinions of children over the age of 10, and it is particularly important to form an intimate relationship with the children in their daily life and win the wishes of the children. These are just some of the key factors in fighting for custody, and the specifics still need to be judged on a case-by-case basis. Divorce lawyers will find Guanling Law Firm.

Why don't you want to think about it anymore.

Whether a divorce can be granted at once after six years of separation depends on the specific circumstances. In the case of separation, if the court decides to divorce, it is necessary to determine that the "separation" is due to the discord between the husband and wife, and the separation time needs to be two years, and the two years must be continuous, without any interruption, and if the above conditions are met, it is deemed that the relationship between the husband and wife has indeed broken down, and the court is very likely to grant divorce. If it weren't for emotional discord, no matter how long the separation lasted, no divorce would be granted.

Article 1084 of the Civil Code of the People's Republic of China: The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother. After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of custody, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

Legal analysis: In divorce cases, the principle of who to give support to the children is: which party is more conducive to the healthy growth of the children, but the specific award to whom must be combined with the actual situation of the parties.

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 at the marriage registration office in person.

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 1084:The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents and the father, regardless of whether they are raised directly by the father or the mother.

After divorce, parents still have the right and obligation to support, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.