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How long will divorce automatically after suing for divorce

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How long will divorce automatically after suing for divorce


        

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  • 2024-05-28 09:00:25

    After the divorce is sued, if the court does not make a judgment or mediate the divorce, the marital relationship will not end, and there is no automatic divorce in law.

    The relationship between husband and wife has really broken down, and invalid mediation is the legal reason for divorce.

    Under any of the following circumstances, it shall be deemed that the relationship between husband and wife is broken, and mediation is invalid, and the court shall make a divorce judgment:

    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. One party is declared missing.

    [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.

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