Many people think that separation for two years will automatically divorce. In fact, this is a legal mistake. Divorce does not necessarily require separation, and separation may not automatically lead to divorce. How to calculate two years of separation? Just not living together? Are there any other legal conditions?
Article 32 of the Marriage Law of the People's Republic of China stipulates that if one of the men and women requests divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.
When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted. Divorce shall be granted if mediation fails under any of the following circumstances:
(1) Bigamy or cohabitation of a married person with another person;
(2) Committing domestic violence or maltreating or abandoning family members;
(3) Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;
(4) Separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the relationship between husband and wife;
(6) Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.