-
Anonymous users2024-02-12Legal Analysis: Marriage is not dissolved because of the length of separation. If the parties have been separated for two years due to marital discord, divorce proceedings can be filed in court.
If the relationship between the husband and wife has indeed broken down after mediation by the court, the court shall grant the divorce. Where one of the husband and wife requests a divorce, the relevant unit may mediate or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship does break down and mediation fails, a divorce shall be granted.
Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization 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 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 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.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
-
Anonymous users2024-02-11Legal analysis: There are only two types of divorce: divorce by agreement and divorce by litigation. In fact, ten or twenty years of separation does not automatically lead to divorce.
Legal basis: Article 1079 of the Civil Code of the People's Republic of China Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly call for Yu to file a divorce lawsuit with the people's court.
In divorce cases, the civil court shall conduct mediation, and if the relationship has truly broken down and the mediation is ineffective, the divorce shall be granted.
-
Anonymous users2024-02-10The Marriage Act does not stipulate how long separation can lead to automatic divorce. For divorce, the parties may negotiate to determine, and if the negotiation is invalid, they may file a lawsuit in accordance with law and request that the people's court grant the divorce. For specific circumstances, please verify and determine according to the actual situation and relevant laws and regulations.
Article 31: Where both men and women divorce voluntarily, 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 or a woman requests 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.
-
Anonymous users2024-02-09Legal analysis: The people's court hearing a divorce case shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. A two-year separation due to a breakdown of a relationship is a legal condition for determining 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' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1077:Within 30 days of the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.
Within 10 days after the completion of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.
A marriage without feelings is a pain for both of them, and choosing to divorce is not a relief, escaping from this fetters and starting again to find happiness. There are usually two ways to get divorced, one is divorce by agreement and the other is divorce by litigation. However, there is often another way of divorce in society, "the husband and wife can automatically dissolve the marriage relationship after two years", is this sentence true? >>>More
Divorce registration in the Mainland will be adjusted from the current four-step procedure of "preliminary examination-acceptance-examination-registration (issuance)" to a five-step procedure of "application-acceptance-cooling-off period-examination-registration (issuance)". Within 30 days after the expiration of the cooling-off period for divorce, both parties to the divorce registration shall jointly obtain the divorce certificate at the marriage registration office, and if they fail to do so within the time limit, the divorce application shall be deemed to have been withdrawn. >>>More
There are two ways to get divorced: divorce by agreement and divorce by litigation, and there is no automatic divorce. >>>More
1) The parties must be legal husband and wife and have full capacity for civil conduct. >>>More
The circumstances under which divorce is not allowed in the new Marriage Law include the following circumstances: >>>More