After two years of separation, divorce is automatic, how long can a husband and wife divorce after s

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

2.This refers to the grounds for divorce due to separation, and the two legal conditions (emotional discord, two years of separation) are indispensable, so two years of separation does not automatically lead to divorce.

3.If the husband and wife are separated due to objective reasons, such as the husband and wife working in two cities separately and there are no conditions for cohabitation, such a situation where the husband and wife are separated is not separated due to emotional discord, and even if the husband and wife have been separated for two years, the divorce will not be granted.

4.To satisfy these two statutory conditions, two aspects of evidence are required, one is evidence of emotional discord at the time of separation, and the other is evidence of continuous two years, both of which are indispensable.

1.How long it takes to divorce after separation, the marriage law does not clearly stipulate.

2.The Marriage Law stipulates that two years of separation between husband and wife can be used as a factor in determining the breakdown of the relationship between husband and wife, but whether the court decides a divorce depends on the specific circumstances.

3.If the spouses want to divorce, they can divorce by mutual agreement at any time.

1.The court rules for divorce on the basis that "the relationship between the husband and wife has actually broken down", and two years of separation between the husband and wife can be used as a factor in determining the breakdown of the relationship between the husband and wife.

2.If one party wants to divorce and the other party does not want to divorce, the only way to do it is to file a divorce (lawsuit).

3.If the first judgment does not grant a divorce, you can sue for divorce again after six months, and the court will generally grant a divorce at this time.

The end of the marriage relationship is premised on the conclusion of a divorce certificate by both parties or the death of one of the parties, and the premise of divorce after two years of separation is that the husband and wife are not in harmony, and if one party does not agree to the divorce, or the relationship is good, the divorce will not be divorced after 10 years of separation.

Two years of separation does not automatically result in a divorce. Marriage is not automatically dissolved. Separation for two years due to emotional discord is only a condition for granting a divorce, and the court shall grant a divorce if it can be proved that the separation has been separated for two years due to emotional discord.

There are only two ways to get divorced

1. Registration of divorce: If both parties agree to the divorce and reach an agreement on the division of the joint property of the husband and wife and the maintenance of children, the marriage registration authority may issue a divorce certificate.

2. If the parties cannot reach an agreement on one of the three issues of divorce, division of joint property of husband and wife, and child support, the court shall decide whether to divorce or not.

Divorce will only be granted if the husband and wife agree to divorce or if one party sues the people's court for divorce, and the husband and wife have been separated for two years due to emotional discord and the relationship has indeed broken down and mediation is ineffective.

[Legal basis].

Article 1079 of the Civil Code of the People's Republic of China.

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.

There is no automatic divorce in China's marriage law, after all, divorce requires legal procedures, both parties must go to the civil affairs bureau to agree on divorce, or the court adjudicates divorce, some couples often think that they can automatically divorce after two years of separation, this is because they misunderstand the marriage law stipulates that if they have been separated for two years due to emotional discord, it can be determined that the relationship between husband and wife has indeed broken down.

Many people have a misconception that the marriage will be automatically dissolved after two years of separation, but in fact, the law does not have this provision, no matter how long the separation lasts, if both parties do not file for divorce, the marriage will not be automatically dissolved. However, if it is true that the husband and wife have been separated for 2 years due to emotional incompatibility and sue the court for divorce, and the mediation is invalid, it can be determined that the relationship between the husband and wife has indeed broken down, and the court will support the divorce.

Can I get an automatic divorce after two years of separation? In China, there are two ways to dissolve marriage: divorce by agreement and divorce by litigation. Therefore, even two years of separation do not automatically grant a divorce. However, without the consent of the other party, you can go to the court to sue and ask for a divorce.

Nanjing professional divorce lawyer Xu Naiyi will answer for you:

Hello, no matter how long you have been separated, there is no automatic divorce

One of the legal grounds for a spouse to file for divorce is "separation for two years due to emotional discord." This refers to the legal grounds for divorce filed by the husband and wife due to separation, and this statutory ground for divorce consists of two necessary elements, the absence of which does not constitute a legal ground for divorce.

The two must-haves are:

1. Due to emotional discord;

2. Those who have been separated for two years.

Usually the couple has been separated for two years, but this is not the only condition. As long as the relationship between the husband and wife has indeed broken down, the divorce shall be granted.

The Marriage Act stipulates that if the relationship has indeed broken down and mediation fails, the circumstances under which a divorce shall be granted 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.

There are two types of couples separating:

The first is caused by objective reasons, such as the husband and wife working in two cities respectively and there is no condition for cohabitation, and the situation of separation of the husband and wife is not due to emotional discord, even if the husband and wife have been separated for two years, it does not meet the legal grounds for filing for divorce due to "separation due to emotional discord".

The second is caused by subjective reasons, such as the foundation of the marriage is not solid, and the husband and wife have not cultivated their feelings after marriage and have been separated for two years, which meets the legal grounds for divorce due to emotional discord.

How to calculate the "two-year" period of "two years of separation due to emotional discord":

1. From the second day of the last cohabitation jointly agreed by the husband and wife who filed for divorce to the day of filing the divorce lawsuit (filing the complaint with the people's court);

2. The time of separation should be calculated consecutively. If the separation is followed by cohabitation, the time of cohabitation and separation shall be recalculated from the time of cohabitation and separation, and the time of separation before and after shall be terminated, that is, the time of separation shall be counted consecutively, and the time of several separations before and after shall not be counted cumulatively.

If one party files a divorce lawsuit due to the breakdown of the relationship between the husband and wife, and the mediation fails, and the separation has been more than two years, the court may grant a divorce

No, separation in the event of divorce can only be used as conditional evidence.

Without a divorce certificate or court decision, it is not considered a divorce.

The end of the marriage relationship is premised on the conclusion of a divorce certificate or the death of one party, and the premise of divorce after two years of separation is that the husband and wife are not in harmony, such as one party does not agree to divorce, or the relationship is very good, and the divorce will not be divorced after 10 years of separation.

No matter how long the separation lasts, it will not automatically divorce, and it must go to the Ministry of Civil Affairs to go through the divorce procedures or divorce through a court judgment. However, if you have been separated for more than 2 years, it can be considered that the relationship has broken down, and the judge will use this as a basis to grant the divorce in the divorce proceedings.

No, legally, there is no such thing as automatic divorce.