If the couple does not contact each other for three years, is it considered an automatic divorce?

It cannot be used as a basis for divorce unless it is to live in two houses separately for three years and have very little contact. in order to be able to obtain the judgment support.

If both parties agree to reach an agreement, they can go to the Civil Affairs Bureau to agree on divorce, and if they cannot reach an agreement, one party can sue for divorce in the people's court with jurisdiction.

Where one party sues the court for divorce due to emotional discord and has been separated for two years, the court shall grant the divorce.

The new marriage law stipulates that if the husband and wife have been separated for three years and do not contact each other, it is considered a voluntary divorce!

Legally, there is no such thing as automatic divorce.

There are only two correct ways to get divorcedOne is that both people agree to divorce and can go to the Civil Affairs Bureau to go through the divorce procedures. If one party does not agree to the divorce, the other party can file a divorce lawsuit and the court will grant a divorce.

Divorce by other means is invalid and illegal.

If the husband and wife do not contact each other for three years, is it considered an automatic divorce? Whether it is considered an automatic divorce, you must go through the divorce procedures with the Civil Affairs Bureau before it can be considered a formal divorce.

It can't be considered an automatic divorce, you still have to go through the formalities.

There is no automatic divorce, and you must go to the Civil Affairs Bureau to go through the divorce procedures or go to the court to sue for divorce by judgment.

You still need to go through the formalities.

There should be no such thing as automatic divorce, no matter how long it takes, it should be to go through the divorce or pass the court judgment.

Legal Analysis: If the husband and wife do not contact each other for three years, it is not considered an automatic divorce. There is no such thing as automatic divorce in China, and there are only two legal ways to divorce

One is a divorce by agreement and the other is a 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. If the marriage registration authority ascertains 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.

Where one of the spouses requests a divorce, the relevant organizations 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.

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 30 days after the expiration 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.

There is no such thing as automatic divorce in China, and there are only two legal ways of divorce: one is divorce by agreement and the other is divorce by litigation. Claiming to have been separated 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 that the divorce can be automatically obtained after two years of separation.

Article 32 of the Marriage Law of the People's Republic of China stipulates: Hungry ants.

If a man or a woman requests a divorce, 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. 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.

Two years of non-living in a husband and wife is not considered an automatic divorce. There is no automatic divorce in China, and both husband and wife can choose to divorce by agreement or litigation if they want to divorce. Two years of separation is only one condition that can be divorced.

1. What are the criteria for the court to grant divorce?

The criterion for a court to grant a divorce is the breakdown of the marital relationship. The basic constituent elements of litigation divorce are that the relationship between the husband and wife has broken down and the mediation has failed. The relationship does break down and predominates in the conditions of divorce; The mediation is ineffective and is only in a subsidiary position.

1. Burying Naidan bigamy or cohabiting with others;

2. Committing domestic violence or abuse, or abandoning family members;

3. Gambling, drug abuse and other vices that are repeatedly taught;

4. Separated for more than two years due to emotional discord;

5. Other circumstances that lead to the breakdown of the relationship between husband and wife.

2. What are the conditions for divorce?

1. Conditions for divorce by agreement: the husband and wife divorce voluntarily, the divorce agreement reached is legal and valid, and the children and property issues have been distributed 2. Conditions for divorce by litigation: bigamy or cohabitation with others; 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; Other circumstances that lead to the breakdown of the relationship between the husband and wife; Because one party is missing, the other party files a lawsuit, etc.

3. What are the ways of divorce?

When it comes to the issue of automatic divorce after separation, it is necessary to first know what are the ways and conditions for divorce, so as to disturb the question of whether further separation of husband and wife can be automatically divorced, how long can separation be automatically divorced, and whether separation for two years can be automatically divorced.

1) Divorce by mutual agreement.

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.

2) Divorce by litigation.

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.