If the husband and wife have no feelings, should they divorce?

Article 32 of China's Marriage Law stipulates that if a husband and wife have been separated for two years due to emotional discord, mediation is ineffective and divorce shall be granted. Therefore, there are often inquiries from consultants: Can the court grant a divorce after the husband and wife have been separated for two years? This should be grasped from four aspects.

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1. The separation must be due to emotional discord.

The separation of husband and wife is caused by objective reasons, emotional disharmony, and the separation of the parties by mutual agreement. For example, a husband and wife work in two places and do not have the conditions to live together because they are far apart. This kind of separation between husband and wife is not caused by emotional discord, and even if the separation is long, it does not meet the statutory circumstances of "separation due to emotional discord" that should be granted for divorce.

There are couples who are in good relationship and do not want to divorce, but for some reason voluntarily separate. In this case, the statutory conditions for divorce to be granted under the condition of "separation due to emotional discord" are also not met.

Separation, which is a statutory circumstance for which divorce should be granted, must be caused by problems in the relationship between the husband and wife, emotional discord, emotional breakdown, and mutual dislike.

2. The separation must be continuous and two years have passed.

First of all, two years must elapse from the second day of the actual separation of the husband and wife to the time when the divorce proceedings are filed with the court.

Secondly, the separation must be continuous, and the time of separation must be counted consecutively. If the separation is followed by cohabitation, it shall be recalculated from the day following the cohabitation and subsequent separation. It is not possible to add up the time of several separations.

3. The essence of the separation of husband and wife is that they do not fulfill their obligations to the sexual life of the husband and wife.

The understanding of "separation" of husband and wife due to emotional discord cannot simply be understood as living separately. Some couples live separately because of the constraints of the family's housing conditions, rather than emotional discord. However, this separation does not preclude sex between husband and wife.

They can use a variety of ways to meet the mutual needs of couples. Therefore, the essence of the separation of husband and wife, which is legally subject to divorce, lies in the fact that the husband and wife do not fulfill their obligations to each other in their sexual life due to emotional discord, and it lasts for up to two years.

4. "Husband and wife have been separated for two years" must be proved by evidence.

Although China's Marriage Law stipulates that "separation due to emotional discord for two years" is one of the statutory circumstances under which divorce can be granted, in practice, it is not easy to achieve the purpose of divorce by virtue of this provision. Because the soul of litigation is evidence, the court believes that it must be supported by evidence. It is easy to prove that the husband and wife live separately, but it is not easy to prove that the husband and wife have not had sex for two consecutive years.

Especially in the case where one party insists on divorce and the other party insists on not leaving, it is even more difficult to cite such evidence of strong personal privacy.

Feelings are not lost in a moment, but disappear little by little in the wrong way of doing business.

Couples who feel stupid and have a discordant relationship can apply for divorce.

1.If the two parties can reach an agreement on divorce, child support, division of property, etc., both parties may personally bring their ID cards, household registration booklets, marriage certificates and divorce agreements to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce.

2.If the parties cannot reach an agreement on the above issues, the party who wants to divorce can go to the court where the defendant is domiciled to sue for divorce. If the court finds that the relationship between the husband and wife has broken down, it will grant a divorce. In any of the following circumstances, it may be found to be a breakdown of the relationship:

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.

1. Under what circumstances can divorce be allowed?

In the case of a divorce by mutual agreement, as long as both parties reach a divorce agreement on divorce, child support and division of property, and jointly go to the marriage registration office where one of the parties has permanent residence to register the divorce. If a divorce is chosen by litigation, it is not necessary to reach a divorce agreement on the above issues, but there shall be one of the following circumstances:

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.

6) Where one party is declared missing and the other party initiates a divorce lawsuit, the divorce shall be granted.

2. Can I get a divorce if I have debts before marriage?

Divorce can be obtained if you have debts before marriage. Freedom to marry includes not only the freedom to marry but also the freedom to divorce.

1.If the parties can reach an agreement on issues such as divorce, child support, and division of property, both parties may personally bring their ID cards, household registration booklets, marriage certificates, and divorce agreements to the marriage registration authority at the place where one of the parties has permanent residence.

2.If the party cannot reach an agreement on the above issues, the party who wants to divorce can go to the court where the defendant is domiciled to sue for divorce, and the court will decide to divorce if the relationship between the husband and wife is broken. The following circumstances can be found to be the breakdown of the relationship between husband and wife:

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.

Article 1076 of the Civil Code provides that if 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.