Enquiring knowledgeable people Inquisitive education Hospital Treasury

Can we divorce automatically after two years of separation

home page

Can we divorce automatically after two years of separation


        

Submit answer
Favorable reply
  • 2024-05-28 09:00:18

    Couples will not divorce automatically after two years of separation. China's law does not stipulate the situation of automatic divorce.

    Divorce can only be achieved through agreement or litigation.

    1. In case of divorce by agreement, both parties shall sign a written divorce agreement after negotiation, and go to the Civil Affairs Bureau for divorce registration. The divorce agreement shall specify the intention of both parties to divorce voluntarily and the consensus on matters such as child rearing, property and debt handling.

    2. In case of divorce in litigation, one party shall prepare the indictment, prepare the evidence of marital relationship breakdown, and go to the local court to sue for divorce. In general, if the separation due to emotional incompatibility is invalid after mediation by the court for two years, the court will decide to approve the divorce.

    [Legal Basis]

    In Article 1079 of the Civil Code, if one of the husband and wife requests divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.

    Divorce shall be granted if mediation fails in any of the following circumstances:

    (1) Bigamy or cohabitation with others;

    (2) Domestic violence or maltreatment or desertion of family members;

    (3) Gambling, drug abuse and other bad habits persist in teaching;

    (4) Two years of separation due to emotional discord;

    (5) Other situations that lead to the breakdown of the relationship between husband and wife.

    Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit. Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):