1. Must be separated because of emotional discord. The separation of husband and wife is caused by objective reasons, emotional discord, and voluntary agreement between the two parties. For example, if the husband and wife work in two places separately, they have no conditions for cohabitation because they are far away from each other, or one party cannot live together while working outside. This separation of husband and wife is not caused by emotional discord. Even if the separation is longer, it does not conform to the legal situation of "separation due to emotional discord" that divorce should be granted. Another situation is that the relationship between husband and wife is good, but for some reason, they voluntarily separated. This situation also does not meet the legal conditions for divorce that "separation due to emotional discord" should be granted. The separation, as a legal situation that should be granted divorce, must be caused by problems in the feelings of husband and wife, emotional discord, emotional breakdown, and mutual hatred.
2. The separation must be continuous and have been completed for two years. (Not cumulative) First of all, the time from the second day of the actual separation of the husband and wife to the time of filing a divorce lawsuit in the court must be two years. Secondly, the separation must be continuous, and the separation time must be calculated continuously. If cohabitation occurs after separation, it shall be recalculated from the day after cohabitation and separation. The time of previous and subsequent separation cannot be accumulated.
3. The essence of the separation of husband and wife is that they do not fulfill their obligations of sexual life. The understanding of "separation" between husband and wife due to emotional discord cannot be simply understood as separate living. Some couples are living separately because of their family housing conditions, not because of emotional discord. However, this separation does not exclude sexual life between husband and wife. They can use various methods to meet the mutual needs of husband and wife. Therefore, the essence of the separation of husband and wife, which should be legally granted divorce, lies in the fact that the husband and wife do not perform their obligations of sexual life due to their incompatibility, and it lasts for up to two years.
4. "The couple has lived apart for two years" must be proved by evidence. Although the marriage law of our country stipulates that "separation for two years due to emotional discord" is one of the legal circumstances in which divorce can be granted
1、 However, 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 must rely on the support of evidence.
