How long has the husband and wife been separated and have not been in touch is considered an automat

If many couples want to divorce, they will take the way of separation, thinking that the husband and wife will be able to divorce automatically after a long time. However, according to the latest marriage law in China, no matter how many years a husband and wife have been separated, they cannot automatically divorce. If a couple wants to divorce, they must go to the Civil Affairs Bureau or the court to go through the formal divorce process.

So how long has the husband and wife been separated and have not been in touch is considered an automatic divorce? What is the basis for the regulations? Here's what I think:

1. No matter how long the husband and wife have been separated and have not been in touch, they cannot automatically divorce.

According to the latest marriage law in China, no matter how long a husband and wife have been separated and have not been in touch, they cannot automatically divorce. In order to dissolve the marriage relationship in the legal sense, the two must go through the formal process of divorce. Therefore, the party who wants to automatically divorce through separation should give up this route as soon as possible.

However, although the husband and wife cannot automatically divorce no matter how long they have been separated without contact, these separate and unconnected times will also play a very important role in the success of the divorce.

2. If a husband and wife want to divorce, they must go through the formal divorce process.

If a couple wants a divorce, there are two avenues. One way is for both parties to reach a settlement and agree to divorce at the Civil Affairs Bureau. Another way is that if one party does not want to divorce, then the party who wants to divorce can go to court to sue for divorce.

3. I hope that every couple can enjoy their marriage.

It takes a lot of fate for two people to be able to meet in the vast sea of people, overcome all kinds of difficulties, and finally form a family. Therefore, I hope that every couple can cherish each other and enjoy their marriage. However, if two people really don't want to live together anymore, they also hope that the couple who wants to divorce can get a divorce and pursue their own new lives.

Basis: There is no legal provision for how long separation is considered an automatic divorce. Therefore, there is no legal basis for the above statement.

There are currently two types of divorce for your reference:

The first way: both parties go to the marriage registration office in person to apply for divorce registration.

Tips: First of all, the husband and wife must divorce voluntarily and should sign a written divorce agreement. The divorce agreement shall contain the parties' intention to divorce voluntarily, as well as the consensus on matters such as child support, property and debt disposal.

It is best to have a specific agreement on child support to avoid disputes later. The contents of the agreement include: the period of maintenance for the other party to be raised by the other party, the method of payment of child support, and the standard of child support.

Agreements on education expenses and medical expenses. An agreement on visitation rights for the parent who has not obtained custody. The parties may also agree to take turns raising the children.

Secondly, the Civil Code has a new provision for both parties to apply for divorce at the marriage registration authority, that is, they need to go through a "divorce cooling-off period", that is, they need to go through two "30 days". Within 30 days after the first "30 days" after applying for divorce, the Civil Affairs Bureau department will not handle the divorce registration matters during the same period. At the end of the 30 days after the second "30 days" application for divorce, both the man and the woman need to apply for a divorce certificate again at the civil affairs department within 30 days, and those who do not apply for a divorce will be deemed not to have divorced.

Legal basis: Article 1076 of the Civil Code If the 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 48 of the Judicial Interpretation (I) of the Civil Code on Marriage and Family stipulates that if both parents agree to take turns to raise the child directly on the premise that it is conducive to protecting the interests of the child, the people's court shall support it.

The second way: If both husband and wife request a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court for settlement.

Mr. Li once again emphasized that there is no automatic divorce provision in Chinese law. Many people have been caught in the misconception that they can automatically divorce after two years of separation.

When many parties consult, they often find that they often have similar questions: "We have been separated for 2 years, can we automatically divorce according to the Civil Code?" ”

In fact, this is a misunderstanding of many consultants' understanding of the Civil Code.

According to the laws of China, China's divorce system only includes two types of divorce: divorce by agreement and divorce by litigation, and there is no provision for automatic divorce.

That is to say, if the husband and wife are ready to divorce, there are only 2 choices, either the parties reach an agreement on whether to divorce, child support, and property division, and then go to the marriage registry office to handle the divorce by agreement and obtain the divorce certificate;

If no agreement can be reached, the only way to sue the court for a divorce is to review whether the parties have a "broken relationship" and make a judgment on whether to grant the divorce.

Some parties also asked: "Doesn't the Civil Code stipulate that divorce can be granted after two years of separation?" ”

Lawyer Li answered: "The Civil Code stipulates that they have been separated for two years due to emotional discord; If mediation fails, a divorce may be granted. ”

This has 2 implications:

1. If the separation has been completed for two years, the separation must be due to emotional incompatibility, and it is not simply a matter of calculating the time of separation, it must be proved that the separation is due to "emotional incompatibility", and in trial practice, the vast majority of the parties have no definite evidence to prove that they are "emotionally incompatible".

2. Even if the parties can prove that they have been separated for more than two years due to emotional incompatibility, they must be granted divorce by a court judgment, and it cannot be considered that the divorce has taken effect automatically.

Without this statement, no matter how long they have been separated, they will not be automatically divorced, this needs to be sued, and it needs to be decided by the court, which is according to the Marriage Law.

If the husband and wife have been separated for two years, if there is no connection, then it is considered an automatic divorce, and in our country's law, if the husband and wife have been separated for two years without any contact, it is considered an automatic divorce.

The law does not stipulate this, generally husband and wife are separated for a long time without contact, it is not considered an automatic divorce, as long as the relationship between the two of you is not broken, the law will not recognize the divorce of the two of you. If you want to get a divorce, it is best to take the marriage certificate and ID card to the Civil Affairs Bureau for divorce.

There is no such thing as automatic divorce, and divorce must go through a legal process. Because the law stipulates that if the husband and wife have been separated for two years due to emotional discord, it can be determined that the relationship between the husband and wife has indeed broken down, and they can sue for divorce.

No matter how long you don't get in touch, you won't get divorced automatically, there is no automatic divorce in China, and there are only two legal ways to divorce: one is divorce by agreement, and the other is divorce by litigation. Separation for more than two years due to emotional discord is only one of the grounds for the court to determine whether the relationship between the husband and wife has broken down, and it is not possible to automatically divorce after two years of separation.

1. How can the marriage be automatically dissolved?

How long you are separated does not automatically get divorced.

First of all, there is no concept of automatic divorce in China, and there are only two types of divorce: divorce by agreement and divorce by litigation.

Secondly, regardless of whether one of the spouses is missing, emotionally broken down, or separated for a long time, as long as the marriage certificate still states that there is a relationship between husband and wife, there is no divorce, with the only exception being the death of one of the spouses.

Finally, if the husband and wife have been separated for two years, but there is no breakdown of the relationship between the husband and wife or there is still a possibility of reconciliation through mediation, it cannot be considered that the conditions for divorce have been granted. If the relationship between the husband and wife has indeed broken down and mediation fails, the divorce shall be granted in accordance with the law, even if there is no fact of separation or if the separation has been two years old.

2. Is there an automatic divorce in China?

There is no automatic divorce in China. Some couples often think that two years of separation can automatically divorce, because the parties have misunderstood the two-year separation rule due to emotional discord, and it can be assumed that the relationship between the husband and wife has indeed broken down. First, two years of separation cannot be grounds for divorce; Secondly, a two-year separation due to emotional discord is only a consideration for the court in determining whether to allow the parties to divorce, and is not a necessary condition for divorce. Finally, because of emotional discord, there is no automatic divorce after two years of separation.

3. How to handle the divorce if the husband does not come home for three years.

First of all, no matter how long the separation is, the relationship between the husband and wife will not be automatically dissolved. In China's legal provisions, there is no provision for automatic divorce, and there are only two ways to divorce: divorce by agreement or divorce by litigation.

Secondly, being separated for two years due to emotional discord is only one of the circumstances used to determine that the relationship between the husband and wife has indeed broken down.

This situation requires certain conditions to be met:

First, the parties are required to live separately for two consecutive years and not fulfill their marital obligations to each other.

Second, the parties are separated due to emotional discord.

Third, it needs to be mediated by the court, and there is no possibility of reconciliation.

Therefore, there is no such thing as automatic divorce after two years of separation.