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Can two years of separation automatically dissolve marriage

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Can two years of separation automatically dissolve marriage


        

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  • 2024-06-20 19:00:48

    This problem is not true. At present, no matter marriage or divorce, legal procedures must be gone through. If there is no way to do so, even living together is a cohabitation relationship, not a legally protected marriage relationship, that is, not a couple. The divorce also requires legal procedures, rather than the automatic dissolution of the marriage relationship after two years of separation, which is not a couple. This is actually a wrong understanding of the law.
    The marriage relationship can only be dissolved through divorce registration, court judgment or mediation. Separation, no matter how long it lasts, cannot automatically dissolve the marriage relationship. However, according to the provisions of the Marriage Law, if a couple has lived apart for two years due to emotional discord, it constitutes that their feelings have indeed broken down. If mediation fails in a lawsuit, the divorce should be granted by a judgment. However, the provisions of this paragraph shall not apply to those who live apart other than because of emotional discord.
    Article 32 of the Marriage Law of the People's Republic of China
    If one of the men and women requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court.

    A***

    2024-06-20 19:00:48

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