Marriage is one of the most important decisions in life and one of the most important relationships that need to be maintained and operated.However, sometimes, because of various reasons, couples have problems such as disagreement, continuous quarrels, and even domestic violence, which will cause them to continue to live together.At this time, some people will choose to separate, that is, to live separately without lift the marriage relationship, in order to alleviate contradictions, adjust their mentality, or seek better solutions.However, separation may also become a prelude to divorce. Some people want to know how long the divorce can be sentenced to divorce?How long does it take to separate the marriage relationship?What are the conditions and procedures for divorce?
I searched these questions on Baidu and discovered some related legal knowledge and answers to professional lawyers.Based on this information, I compiled the following content and expressed my point of view.I hope to help friends with similar confusion.
First of all, we must be clear that separation does not lead to automatic divorce.my country’s "Civil Code" stipulates that there are only two ways to relieve the marriage relationship: one is to go to the marriage registration management organs to go through the divorce procedures; the other is to go to the people’s court to solve the marriage relationship by judgment or mediation.Regardless of how long the separation is, if you do not go through one of these two methods, then it is still a husband and wife relationship.
So, can separation be a reason for divorce?The answer is: depends on the situation.Article 1.79 of my country’s "Civil Code" stipulates several situations that should be allowed to be divorced. The fourth item is "for two years due to emotional disagreement."This means that if the husband and wife have been separated for two years because of emotional discord, and a divorce lawsuit is filed in the court, the court shall judge the divorce.However, it is not just a reason to divorce as long as it is separated.In life, there are many reasons for husbands and wives, such as work in different places, taking care of the elderly, and so on.Therefore, not all the separations can prove that the relationship between husband and wife has really ruptured.
In addition, even after two years of separation due to emotional discord, divorce may not necessarily be judged.When the court hears a divorce case, the court shall also mediate according to the specific situation.If the mediation is effective and the two sides are willing to reconcile as early as the beginning, the court will not be allowed to divorce.If the mediation is invalid, both parties insist on the willingness to divorce, and there are no other situations that should not be allowed to give divorce (such as the woman’s pregnancy or childbirth or children for less than one year, etc.), then the court will be allowed to divorce.
Therefore, divorce can be judged for a long time, and there is no fixed answer.Separation is just a reference factor for the court to judge whether the relationship between the husband and wife breaks down, not a decisive condition.For two years, he can only sue the court to divorce, but it may not be able to get the support of the court.For less than two years of separation, you can also sue the court to divorce, but other evidences to provide other evidences to prove that the relationship between the husband and wife has really ruptured.
According to the above content, we already know that the marriage relationship cannot be automatically lifted.Only by applying for divorce in accordance with the procedures stipulated in the law can the marriage relationship be lifted.Then, if they have been separated for a long time, neither parties have proposed divorce, no connection and communication, or even lost contact. So, in this case, is the marriage relationship meaningful?Is it necessary to maintain it?
In this case, in this case, the two sides should clarify their ideas and attitudes as soon as possible and make reasonable choices.If both parties do not want to continue this marriage, they should go through the divorce procedures as soon as possible to end this meaningless relationship.If one of the two parties still wants to restore this marriage, then they should take the initiative to contact each other, express their own minds and demands, and seek the response and cooperation of each other.If both parties are not sure of their ideas and feelings, then you should try to re -communicate and communicate to see if you may still rebuild trust and feelings.
In my opinion, whether choosing divorce or choosing to continue marriage should be based on the true wishes and feelings of the two parties, and it must be carried out in the manner stipulated in the law.You can’t think that you have divorced for a long time, and you can’t think that you are still a husband and wife because you have not completed the divorce procedure.In this way, it does not comply with legal provisions, nor does it meet the principles of morality, but also does not conform to its own interests and happiness.
If the husband and wife live for two years because of emotional disagreement, and one or two parties want to divorce, then the following conditions and procedures need to be met: Condition 1: separation must be caused by emotional disagreement, and it lasts for two years.The separation must be continuous and cannot be interrupted or restored to cohabitation.The separation must be that both sides do not fulfill each other’s obligations and have no common life.Condition two: separation must have evidence to prove.Evidence can be written agreements, emails, text messages, chat records, rental contracts, witness testimony, and so on.Evidence can prove the time, reason, method, etc. of separation.Condition three: One or both parties filed a divorce lawsuit to the court and insisted on the willingness to divorce in the lawsuit.If the two parties have reached an agreement in the lawsuit and signed a mediation letter or agreement, the court will be sentenced to divorce in accordance with the opinions of the two parties.If the two parties have not reached an agreement in the lawsuit, or one party does not agree with the divorce, the court will determine whether to give divorce according to the separation of the separation.Procedure 1: Submit to the court for prosecution and related evidence.The prosecution should indicate the basic information, marriage status, residency situation, cause of divorce, divorce request, etc. of both parties.Evidence can prove the time, reason, method, etc. of separation.Procedures 2: Participate in the court’s filing, delivery, mediation, trial and other procedures.Both sides should go to court in court in accordance with the notice of the court to accept the mediation and trial of the court.The two sides should truly state their situation and demands and actively cooperate with the court’s work.Procedure 3: accept the court’s judgment or mediation.If the court’s decision is allowed to be divorced, the two parties should handle divorce registration and property division in accordance with the content of the judgment.If the court’s mediation is successful, the two parties should handle divorce registration or continue marriage relationship in accordance with the content of the mediation or agreement.
The above is my view and answer that I can judge the question of divorce for a long time.In my opinion, separation is not an inevitable result of divorce, nor is it a way to automatically dispel marriage.Separation is just a response measure when the husband and wife feelings have problems, which may help alleviate contradictions and exacerbate contradictions.Whether choosing a separation or a divorce, it should be based on the true wishes and feelings of the two parties, and it must be carried out in accordance with the procedures stipulated by the law.You can’t think that you have divorced for a long time, and you can’t think that you are still a husband and wife because you have not completed the divorce procedure.In this way, it does not comply with legal provisions, nor does it meet the principles of morality, but also does not conform to its own interests and happiness.
I hope my answer can help you.If you still have other questions about separation or divorce, you can search for legal knowledge and answers to professional lawyers on Baidu, or directly consult with outstanding lawyers on Hua Lu.They will provide you with professional, reasonable and effective suggestions and help based on your specific situation.
Thank you for reading my article, I wish you a happy life!
