Is it called separation when the husband and wife live separately, and generally divorce automatical

There is no such thing as automatic divorce.

On the issue of divorce, if the two parties have successfully negotiated and reached an agreement on divorce, property division, debt assumption, child support, etc., both parties can go to the civil affairs bureau where one party's household registration is located to register for divorce. If the two parties fail to reach an agreement through negotiation, they can be resolved by litigation. You should provide relevant evidence to prove that the relationship has broken down, and you can appoint a lawyer** to the case.

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.

It's not like that, you go to the marriage registry and ask. Or the courts.

If you sign a separation agreement, you will be divorced after 1 year, and if one of the parties does not sign it, you will automatically divorce after 2 years.

Who's to say that there is no automatic divorce, if one party has been missing for more than a few years, the other party can file an application for dissolution of the marriage. And if you unilaterally apply to the court for divorce, you can also divorce in this case!

Long-term separation of husband and wife is not a reason for divorce, and only if the relationship between the husband and wife breaks down, the two should choose to divorce.

In real life, couples live apart for a variety of reasons, not just because of relationship problems. If you choose to divorce just because you are separated, this is unacceptable to many families.

Every family is struggling for a happy life, and long-term separation due to work is a problem that many families are facing. The small county where I live has a relatively large enterprise with many branches in other places, and my cousin and his wife are one in the local area and the other in the other place. The two people have been living in a state of separation all the time, and they usually only see each other for a few days in three months or six months.

But the reason why the two of them are in this state of life is also for the happy life of the two people. The salary income of working in the local area is much less than that in the field, and the income of two people is not much savings after deducting the cost of mortgage, car loan and raising children.

But going to other places is different, the monthly income is double that of my hometown, and I can save a lot of money in a year. If the husband and wife are separated for this reason, then the person I want to take the initiative to divorce will be poked in the back.

Only because of the long-term separation of the husband and wife due to the breakdown of the relationship should the relationship end with divorce. I have a friend and his lover who have been separated for more than half a year, and because they always quarrel and even fight together, they feel that they can't continue, so they want to give each other space to calm down.

But half a year has passed in the blink of an eye, and the two of them are no different from being single now. For couples in this state of separation, I think it is better to divorce.

After the divorce, both of them can go and find the happiness they want without any interference, which is also good.

The situation of each family is different in life, and if you don't know what causes the separation of husband and wife in other families, don't just evaluate the marital status of others.

Don't disturb other people's lives with your own words, divorce is inseparable, and two people who are separated will have a decision.

Some are short-term separations, and some require perennial separations, no matter what kind of separation, there is actually an impact on the relationship between husband and wife.

It should be divorced, since they have not lived together for a long time, and the married life has already existed in name only, there is no need to continue.

Husband and wife have been separated for a long time, it also depends on what the specific reason is, if it is because of feelings and long-term separation, then it is better to divorce, if it is separated because of living conditions, there is no need to divorce.

It is true that divorce should be made, because two people have no feelings, they will separate, and such a marriage is meaningless.

You shouldn't get divorced, because after all, it's a husband and wife, and the relationship between the two people may heat up.

Of course, you should get divorced, because such a marriage that exists in name only, in fact, you don't want it.

It is indeed time for a divorce, because two people may have no feelings for a long time, and being together will only add to the troubles.

There should be no divorce. You can try to change that. In this way, your family will be happier and more content.

I think we should communicate first, if after the communication, the two people still insist on separation, I am in favor of separating the relationship, because long-term emotional disagreement is not good maintenance.

There should be no divorce, long-term separation may be due to work needs, there is no way and it does not affect the relationship between two people, it should not be divorced.

Summary. Hello dear, if the husband and wife have been separated for a long time, because of emotional discord, life can not continue, if both parties do not have children, it is recommended to divorce, which is good for both parties. But if you have children, you don't mind divorce, you still have to consider the feelings of your children.

If a husband and wife have been separated for a long time, should they get divorced?

Hello dear, if the husband and wife have been separated for a long time, because of emotional discord, life can not continue, if both parties do not have children, it is recommended to divorce, which is good for both parties. But if you have children, you don't mind divorce, you still have to consider the feelings of your children.

If you have no other questions to consult, I wish you a happy new year, all the best, a harmonious family and good health!

1. What is separation?

Separation is a situation in which the spouses cease to live together and establish their own way of life while continuing to maintain their legal relationship. Separation of husband and wife can be manifested as still living under the same roof, but living in separate houses; It can also be manifested as the fact that the parties reside in two completely different locations.

Husband and wife living in different places are not necessarily separated in the legal sense. Some husbands and wives do not live in the same place because of employment, study, etc., so the residence of husband and wife in a geographical sense is not necessarily a separation in the legal sense, and the legal separation is marked by the fact that the husband and wife do not have a sexual life together because of emotional discord, and do not fulfill each other's marital obligations. However, if the husband and wife living in different places are not in harmony with each other, it can also constitute separation in the legal sense, but there must be documentary evidence such as letters and other evidence of the discord between the husband and wife.

2. Is long-term separation of husband and wife considered divorce?

Can I get a divorce if I want to separate? Can I file for divorce if I live apart? How Long Is Separation Considered Divorce? It is necessary to first know what are the ways and conditions for divorce.

1) Methods of divorce: divorce by agreement and divorce by litigation.

If both husband and wife are willing to divorce and have reached an agreement on the maintenance of children and the division of property, then the husband and wife can go to the marriage registration office where the man or the woman has permanent residence to register the divorce, and this type of divorce is divorce by agreement.

If one of the spouses is unwilling to divorce, or if it is difficult for both parties to reach an agreement on the custody of children or the division of property, then the man or the woman can file a lawsuit with the court for divorce, which is a litigation divorce. After a couple files for divorce, the court will not necessarily issue a judgment granting the divorce to both parties. This is because litigation divorce is conditional, that is, the relationship between the husband and wife has indeed broken down, and it is difficult to reconcile after court mediation.

2) Can I get a divorce if I live apart? Can I file for divorce if I live apart? How Long Is Separation Considered Divorce?

According to the provisions of Chinese law, the divorce of husband and wife can only be carried out through divorce by agreement and litigation, that is, the divorce must be carried out by registering the divorce with the Civil Affairs Bureau or filing a lawsuit for divorce with the court.

If the couple chooses to divorce by mutual agreement, separation has nothing to do with divorce by mutual agreement. Because under a divorce by agreement, as long as the husband and wife are willing, regardless of whether they are separated or not, and regardless of the length of separation, they can get a divorce.

If the couple chooses to divorce by litigation, then separation does not necessarily lead to divorce. This is because, according to the law, the separation of husband and wife for two years due to discord is only one factor in the court's determination of whether the relationship between the husband and wife has broken down. Therefore, separation does not necessarily lead to a divorce by the court, and how long the separation is not considered a divorce.

A husband and wife who have been separated for a long time are not considered divorced, and the marriage relationship will only be dissolved after the divorce is registered or the court decides the divorce. There are two ways of divorce, divorce by agreement and divorce by litigation, as long as both parties reach an agreement and negotiate on property and child support, and litigation divorce needs to prove that the relationship between husband and wife has broken down. If the divorce is cleared by litigation, it must be separated for two years due to emotional incompatibility before the divorce can be granted.

If you divorce by agreement, you can get a divorce without separation.

1. How to handle the procedures for divorce in rural areas.

There are two ways to divorce, one is to go to the Civil Affairs Bureau to agree on divorce, and if the husband and wife divorce voluntarily, they should sign a written divorce agreement and apply for divorce registration at the marriage registration authority 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. The other is to go to court and file for divorce.

In the case of divorce by litigation, the court will only grant a divorce if the relationship between the husband and wife has indeed broken down. The statutory circumstances that can be recognized as the breakdown of the relationship between husband and wife are:

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.

2. How long does it take for separation to automatically dissolve the marriage.

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 spouses have been separated for two years but there is no breakdown of the relationship between the spouses or the possibility of reconciliation through mediation, the conditions for divorce cannot be considered to have been met.

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.

Article 1079 of the Civil Code.

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 former members of the family Zheng He;

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 divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Analysis of the law of Fallu rolling: vertical simplification does not count. According to the provisions of the Civil Code of the People's Republic of China, the marriage relationship is dissolved when the divorce registration is completed or the divorce judgment or mediation document takes effect, so long-term separation cannot be regarded as divorce.

Article 1080 of the Civil Code of the People's Republic of China provides that the marriage relationship shall be dissolved when the divorce registration is completed or the divorce judgment or mediation document takes effect.