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How long will it take for couples to divorce automatically if they have different personalities

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How long will it take for couples to divorce automatically if they have different personalities


        

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  • 2024-05-26 02:01:37

    There is no automatic divorce in China. There are two ways of divorce, one is litigation divorce, the other is agreement divorce.

    If both parties can reach an agreement on divorce, property, children, etc., they can go to the marriage registration authority to agree on divorce. If no agreement can be reached on the above issues, divorce proceedings can be filed in the court.

    [Legal basis] In Article 1079 of the Civil Code, if one of the husband and wife requests divorce, relevant organizations can 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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