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What are the conditions for separation and divorce

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What are the conditions for separation and divorce


        

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  • 2024-06-23 21:00:48

    1. It must be the separation of husband and wife due to incompatibility of feelings. There are objective reasons, incompatibility of feelings, and voluntary agreement between the two parties to separate. For example, the separation of husband and wife who work in two places and have no conditions for cohabitation due to the distance between them, or one party who works outside and cannot cohabit, is not caused by incompatibility of feelings, Even if the separation time is longer, it does not meet the legal conditions for divorce that "separation due to feelings of discord". In addition, the relationship between husband and wife is good, but the voluntary separation for some reason does not meet the legal conditions for divorce that "separation due to feelings of discord", It must be the separation caused by the emotional problems between 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, from the second day of the actual separation of the husband and wife to the time of filing a divorce lawsuit in the court, the time must be completed for two years. Second, the separation must be continuous. The separation time must be continuous. If the separation is followed by cohabitation, Then it should 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 perform the obligations of sexual life of husband and wife. For the understanding of "separation" of husband and wife due to emotional discord, it cannot be simply understood that some husband and wife live separately because of the family housing conditions, not because of emotional discord. However, this separation does not exclude that they can use various methods for sexual life between husband and wife, To meet the mutual needs of the husband and wife, therefore, the essence of the separation of the husband and wife who should be legally granted divorce is that the husband and wife do not perform the obligations of the husband and wife's sexual life due to emotional discord, and it lasts for up to two years
    4. "The couple has separated for two years" must be proved by evidence that although the marriage law of our country stipulates that "separation due to emotional discord for two years" is a legal circumstance that can be granted divorce
    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, and the court must rely on the support of evidence. For the time of separation and divorce, China's laws clearly stipulate that under the condition that other conditions are met, couples must be separated for two years or more by emotional discord, Will make a divorce judgment

    l***

    2024-06-23 21:00:48

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