How long does it take for a couple to apply for divorce after separation, and how long does it take

Couples can file for divorce after two years of separation.

Legal basis] According to the fourth paragraph of Article 32 of the Marriage Law, if a man or a woman requests a divorce due to emotional discord and has been separated for two years, the relevant departments 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 has indeed broken down and mediation fails, the divorce should be granted.

Couples can apply for divorce after two years of separation. bigamy or cohabitation; committing domestic violence or abusing or abandoning family members; There are bad habits such as gambling and drug abuse, which are repeatedly taught; Separated for two years due to emotional discord; In other circumstances that lead to the breakdown of the relationship between the husband and wife, and the mediation is ineffective, the Civil Code stipulates that the divorce shall be granted.

The reason for the separation of the parties can only be emotional discord, excluding the separation due to objective reasons, such as the separation of the two due to work reasons or studying abroad.

The period of separation has been two years, and the period of separation for two years should be uninterrupted and continuous, and if there is an interruption, the period of two years shall be recalculated from the date of the last cohabitation. If these two elements are met, and mediation fails, it can be determined that the relationship between the husband and wife has indeed broken down.

Legal analysis: A husband and wife can apply for divorce if they have been separated for two years and their relationship has broken down. There are two ways of divorce in China, one is divorce by agreement, and both parties can reach an agreement to register the divorce at the marriage registration authority.

The second is litigation divorce, and the only criterion for the court to rule on divorce is the breakdown of the relationship between the husband and wife.

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 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.

Divorce may be granted if the husband and wife have been separated for more than two years.

Article 32 of the Marriage Law stipulates that those who have been separated for two years due to emotional discord; If mediation fails, the divorce shall be granted.

The separation for more than two years due to emotional discord referred to here is only one of the conditions used by the court to determine the breakdown of the relationship between the husband and wife and to grant divorce, that is, two years of separation is only one of the grounds for the divorce, but not a necessary condition. In addition, it is advisable to provide sufficient and lawful evidence to prove the fact of separation, so that the court can use it at trial.

Separation is a situation in which the spouses cease to live together and establish their own way of life while continuing to maintain their relationship. Normally, even if the husband and wife are still living under the same roof, as long as they are separated from each other, if two years have elapsed, then the husband and wife can be legally considered to be separated.

In the case of statutory separation, the parties may make arrangements for the division of property, spousal support, child support and other issues through voluntary negotiation or court judgment.

Those who have been separated for two years due to emotional discord can apply for divorce.