How long does it take for separation to automatically dissolve a marriage?

preface

It is easy to love each other and difficult to keep each other, and now many couples are forced to choose to live separately for a long time, in order to earn a little more money, endure the pain of husband and wife separation. Some people say that feelings will gradually drift apart with distance, and even more so, there will be a marriage crisis, and as the social rhythm, life pressure, economic pressure and money pressure problems become more and more obvious, the direct result of such social phenomena is the general increase in the divorce rate. So, how long does it take to separate before you can automatically divorce?

The law does not stipulate how long the separation takes, no matter how long the separation takes, if neither party files for divorce, the marriage will not be automatically dissolved. If you sue for divorce and have lived apart for 2 years, the court will support the divorce.

Five situations in which a relationship has been broken

(1) Bigamy or cohabitation with another person with a spouse

Bigamy refers to a person who has a spouse and registers a marriage with another person or lives with another person in the name of husband and wife. Cohabitation with others means that a spouse and the opposite sex outside of marriage live together continuously and stably, not in the name of husband and wife. Both acts are grossly wrongful acts that violate the principle of monogamy in the Civil Code and disrupt the order of marriage. Where one of the spouses is bigamous or cohabits with another person, mediation is ineffective, and the relationship between the husband and wife shall be deemed to have indeed broken down.

(2) Committing domestic violence or abusing or abandoning family members

"Domestic violence" refers to the perpetrator's use of beating, binding, maiming, forcible restriction of personal freedom or other means to cause certain physical and mental consequences to family members. Where sustained or recurrent domestic violence constitutes ill-treatment, and where the circumstances are serious and constitutes a criminal offense, criminal responsibility shall also be pursued in accordance with law. Abandonment refers to the act of refusing to perform the maintenance obligation to his family members, and if the circumstances are serious, he shall also bear criminal responsibility. The perpetrator of domestic violence or abuse of abandoned family members is one of the spouses, and the victim is not limited to his spouse but also includes other family members. The Interpretation (I) of the Marriage Law establishes strict criteria for the composition of domestic violence, that is, "it must cause certain harmful consequences to the physical, mental, etc. of their family members", and only to such a extent can it be recognized as domestic violence, which excludes daily quarrels between family members, occasional quarrels and family disputes that have not yet caused consequences from domestic violence. Where a party files for divorce because his spouse has committed domestic violence or abused and abandoned family members, and it is verified that the mediation is ineffective, it shall be supported. If one spouse commits domestic violence or abuses or abandons children or the elderly for a long time, and causes certain harmful consequences to the physical, mental, etc. of his or her family members, resulting in the breakdown of the husband's feelings, the other spouse may file a lawsuit for divorce with the court, and if the court is ineffective through mediation, the divorce shall be granted.

(3) There are vices such as gambling and drug addiction that have not been changed

What we mean here is not ordinary gambling and drug use, but must reach the point where it has become a vice and has not changed. This paragraph is an exemplary norm that, in addition to the gambling and drug abuse habits explicitly enumerated, should also include other vices that will seriously endanger the feelings of husband and wife, such as alcoholism, prostitution, prostitution, fornication, etc. A party's request for divorce on the basis of the statutory fault of its spouse shall be upheld in accordance with the law, provided that the mediation is ineffective.

(4) Separated for two years due to emotional discord

The regulation has two conditions:

(1) The reason for the separation of the two parties can only be emotional discord, excluding separation due to objective reasons, such as separation of two people due to work reasons or studying abroad;

(2) The period of separation has been two years, and the period of separation for that two years shall be uninterrupted and continuous, and if there is any interruption, the two-sided two-year period shall be recalculated from the date of the last cohabitation. If these two elements are met, and the mediation is invalid, it can be determined that the relationship between the husband and wife has indeed broken down.

(5) One party is declared missing and the other party files divorce proceedings

Article 40 of the Civil Code stipulates that where a citizen's whereabouts have been unknown for two years, an interested party may apply to the people's court to declare him a missing person. Article 1079 of the Civil Code stipulates: "Divorce shall be granted if one party is declared missing and the other party files divorce proceedings." "Mainly taking into account that the whereabouts of the missing party are unknown and unable to perform the duties of husband and wife and family obligations, indicating that the relationship between the husband and wife has indeed broken down." When applying this clause, please note that:

(1) A party must be declared missing by law and not an undeclared factual disappearance.

(2) Where a party is declared missing and a divorce is requested, the marriage must be dissolved through litigation procedures.

Since the defendant is absent, therefore, the people's court does not need to mediate in such a divorce case, but can directly rule to grant the divorce.

Mr. Zhu Bin, Master of Laws of Wuhan University, Civil Administrative Consulting Expert of Shenzhen Supreme People's Procuratorate, Deputy of Luohu District People's Congress of Shenzhen City, Employment and Entrepreneurship Guidance Expert of China University of Political Science and Law, Vice President/Secretary General of Shenzhen Alumni Association of China University of Political Science and Law, Antarctic Circle/China Friendship Association/Qianhai Houde Entrepreneurship Mentor, has served as the perennial legal adviser of Shenzhen State-owned Assets Supervision and Administration Commission, the special legal counsel of China Water Affairs Group and the special legal counsel of China Resources Shenzhen SDIC Trust.

Mr. Zhu Bin has handled more than 1,000 dispute resolution cases for more than ten years, is good at divorce disputes, economic disputes, criminal cases, etc., and has won the unanimous recognition of clients and the Public Prosecutor's Law with his profound legal skills, excellent defense skills, rigorous and meticulous evidence analysis, and wonderful and powerful defense words.

In terms of public welfare, Mr. Zhu Bin, as an expert guest, actively participated in legal popularization activities and provided more than 100 legal professional lectures! With the concept of loyalty to the law, loyalty to the client and service to the client, we provide high-quality and efficient legal services for all sectors of society.

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