How long does it take to get automatically divorced after separation? Can I get divorced directly after two years of separation?
1. Introduction
Marriage is an important experience in life. However, sometimes irreconcilable conflicts arise in the relationship between husband and wife, leading to separation. Even divorce. In many countries, including China, the law provides for automatic divorce after a certain period of separation. So, can you automatically get divorced based on how long you have been separated? Does it really only take two years of separation to get divorced? This article will explore this issue.
2. Period of separation and automatic divorce
In China, according to Article 32 of the "Marriage Law of the People's Republic of China" According to the provisions of this article, if the couple really cannot continue to live together, they can agree to separate or file a divorce lawsuit with the people's court. If the couple has been separated for more than two years and there is no hope of getting back together, one party can apply for divorce to the People's Court. At this time, the court will decide the divorce according to law.
3. The meaning of separation period
Separation period refers to the period of time during which the spouses no longer live together in actual life. This separation can occur when one party moves out of the family home, or it can occur when both spouses still live in the same house but have become strangers to each other. No matter what the situation is, as long as the couple does not live together and there is no possibility of getting back together, it can be regarded as separated.
4. The meaning of automatic divorce
Automatic divorce means that after the legal separation period is met, one party can directly apply for divorce and obtain the divorce without going through negotiation or litigation procedures between the spouses. The court decreed divorce. This method simplifies the divorce process and reduces disputes and conflicts between husband and wife.
5. Can divorce be obtained directly after two years of separation?
Although the "Marriage Law of the People's Republic of China" stipulates that automatic divorce can be obtained after two years of separation, it does not mean that it is possible in all cases. Divorce directly. In actual practice, the court will make judgments based on specific circumstances. If the couple still has the possibility of getting back together after two years of separation, the court may require the couple to negotiate again or engage in mediation.
6. Flexibility of the period of separation
Although the Marriage Law of the People's Republic of China stipulates that divorce can be automatically obtained after two years of separation, in practice, the court will also determine the period of separation based on specific circumstances. The period of separation shall be flexible. For example, in some special circumstances, such as domestic violence, major betrayal, etc., the court may shorten the separation period and directly decree a divorce.
7. Conclusion
According to the provisions of the "Marriage Law of the People's Republic of China", when a couple has been separated for two years and there is no hope of getting back together, one party can apply for divorce and obtain a divorce judgment from the court. However, two years of separation does not mean that divorce is possible in all cases. The court will make a judgment based on the specific circumstances. In addition, in special circumstances, the court also has the power toBe flexible with the length of separation as needed. I hope this article can provide readers with some understanding of the issues of separation period and automatic divorce.
