If the husband and wife have lived apart for three months, they cannot sue for divorce. The couple separated for three months. They can divorce by agreement. After signing the divorce agreement, they can go to the marriage registration office to go through the divorce registration procedures and get the divorce certificate; If a person chooses to divorce through litigation, and the separation time is less than 2 years, the people's court cannot determine that the feelings have broken down, and mediation is invalid, it will make a judgment not to divorce.
First of all, there is no such thing as automatic divorce in our country. It is wrong to think that a couple separated for three months is regarded as divorce.
In China, there are only two ways to divorce:
First, both parties agreed to register divorce at the civil affairs department through consultation;
The second is that both parties go to the court for litigation and divorce in the form of mediation or judgment.
Under the litigation divorce mode, the Marriage Law stipulates that divorce shall be granted if mediation fails in any of the following circumstances:
Bigamy or cohabitation with others; Domestic violence or maltreatment or abandonment of family members; Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education; Two years of separation due to emotional incompatibility; other.
If you can provide evidence that both parties have lived apart for two years due to incompatibility, it can be used as the reason why the court finds that the relationship between husband and wife has really broken down, and the court can judge the divorce of both parties accordingly, but separation will not lead to automatic divorce of both parties.
Article 32 of the Marriage Law, if one of the men and women in a divorce lawsuit requests divorce, the relevant department can mediate or directly file a divorce lawsuit with the people's court.
When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted. Divorce shall be granted if mediation fails under any of the following circumstances:
（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） 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.
Can couples divorce after three months of separation
1、 Couples who live apart for three months can sue for divorce
Legal separation refers to the situation that both husband and wife stop living together and establish their own way of life under the condition that they continue to maintain their husband and wife relationship. Normally, even though the couple still live under the same roof, as long as they have separated houses, each has nothing to do with it. If this situation has reached two years, it can be legally recognized as separation of husband and wife. However, it does not include two years of separation due to work and study.
Article 32 of the Marriage Law stipulates that: separation for two years due to emotional discord; If mediation fails, divorce shall be granted. This refers to the reason for divorce due to separation between husband and wife. Two legal conditions (emotional discord, separation for two years) are indispensable, so separation for two years will not automatically divorce. If the husband and wife are separated due to objective reasons, such as working in two cities and having no conditions for cohabitation, such separation is not due to emotional discord. Even if the husband and wife have lived apart for two years, they will not be divorced. To meet these two legal conditions, two aspects of evidence are required, one is the evidence of emotional discord when living apart, and the other is the evidence that the time has lasted for two years, both of which are indispensable.
2、 Type of marital separation
The first is caused by objective reasons. For example, the husband and wife work in two cities respectively, and there is no condition for cohabitation. This situation of separation of husband and wife is not caused by emotional discord, that is, the separation of husband and wife for two years does not meet the legal reason for divorce "separation due to emotional discord".
The second is caused by subjective reasons. For example, if the marriage foundation is not solid and the couple's feelings have not been cultivated after marriage and they have lived apart for two years, it is in line with the legal divorce reason of "separation due to emotional disharmony".
3、 How to prove that the couple separated for two years
Common evidences that can prove the separation of husband and wife:
1. The lease contract of the house where one party lives outside;
2. The written agreement on the separation of husband and wife signed by both parties must be in writing, and the oral agreement must be acknowledged by the other party;
3. The written separation document sent by one party to the other party should preferably be sent by express mail, with "separation" indicated in the remarks column, and the mailing certificate kept. The period from the date of mailing to the filing of divorce belongs to the separation time of husband and wife;
4. Letters and emails from both parties can prove the fact that the two parties are separated from each other;
5. Personal testimony can also be used, such as friends or relatives who both parties know. However, because witnesses often have interests with the party who testifies for them, and separation is a "private matter" of husband and wife, it is difficult for the court to accept the testimony of a single witness, and other evidence should be supplemented.
Here, we need to remind you that separation is a private matter between husband and wife, and the external evidence is very limited. Therefore, even if there is such evidence, the court may not necessarily accept it. Therefore, for those who try to divorce through "separation for two years due to emotional discord", if they have not separated
It is better to give up and directly sue for divorce. Six months after the court ruled that divorce was not allowed, the court will again sue for divorce. At this time, the court will usually rule for divorce. This is much faster than waiting for two years, and the success rate is high.
