There are two ways to apply for divorce: agreement divorce and litigation divorce. Article 31 of the Marriage Law stipulates that divorce shall be granted if both men and women wish to divorce. Both parties must apply for divorce at the marriage registration office. The marriage registration authority shall issue a divorce certificate when it finds out that both parties are indeed willing and have properly dealt with children and property issues. How to identify the fact of separation Many people know that the Marriage Law stipulates that a couple who have lived apart for more than two years can be sentenced to divorce, but often when some parties apply for divorce on this basis, they do not get the support of the court. Why? From a common perspective, separation means that two people do not live together, live separately, and spend their own money, Not having married sex together and so on. However, from the legal perspective, the requirements for the elements of separation are more stringent. Generally, separation, also known as separation or separate bed and food system, refers to the legal system that relieves the cohabitation obligation between husband and wife but still retains the marital relationship. This legal concept is relatively abstract. To put it simply, the separation recognized by the court at present means that the two parties live separately due to the incompatibility of their feelings, and do not perform the obligations between the husband and wife, including sexual life. Although they did not live together, they did not live together because of emotional discord, but because of their workplace, or other objective reasons, not because of separation in the legal sense. For example, one working in Beijing and the other working in Shanghai, one party has filed for divorce and has been living apart for two years. Because of the workplace, it is difficult for the court to determine that it constitutes a separation in the marriage law. So living in the same apartment and not sleeping in the same bed is separation? Because of the limitation of material living conditions, the vast majority of citizens have only one residence at present. Even if the couple's feelings are not harmonious, they usually have no choice but to ignore each other. They are in charge of their own affairs. When they sleep, they also go back to their own rooms, but have sex. In this case, once one party denies sleeping in separate beds, the other party is not able to adduce evidence to prove the fact of separate beds or the fact that there is no sexual life, the court is also difficult to identify cohabitation. It is often powerless to state the fact of separation to the court through empty mouth. Testimony of witnesses, lease contracts of other residences, letters received by new addresses, etc. can all become evidence of separation. Of course, if you can sign a separation agreement with the other party, it can prove the relevant facts. Why does the court simply sue for divorce on the ground of "discord between husband and wife"? The court will not immediately judge that one of the ordinary couple requests divorce, and the other party firmly refuses to divorce. If there is no abuse, abandonment, serious domestic violence, cohabitation or bigamy between one party and another, the ordinary court will not judge divorce. General beatings, abuse, adultery, and even prostitution may not be able to dissolve the relationship between husband and wife in the first divorce proceedings. At this time, it is not significant to appeal, and the court of second instance basically maintains the judgment of the court of first instance. However, it will take several months to file an appeal to the appeal judgment, which is unfavorable to the party eager for divorce. Therefore, if one party does not agree to divorce, it will generally go through two lawsuits. That is, after the first divorce lawsuit is decided, the second divorce will be filed six months after the judgment comes into effect. The court that filed the divorce with the same fact for the same reason less than six months will not accept it. The second time a lawsuit is filed for divorce, the court will basically decide for divorce. If there is no event such as announcement delivery, the whole process will take one year. The standard for people's court to decide whether to divorce is that the couple's feelings are completely broken, but it is difficult to determine the situation of the couple's feelings only by the mouth of both parties, so the court needs to pay attention to evidence to judge. Specifically, the people's court should conduct mediation when trying divorce cases. If the feelings have really broken down and the mediation is invalid, divorce should be granted.