Article 32 of the Marriage Law stipulates that divorce shall be granted if the people's court fails to mediate for two years due to emotional discord.
The law does not stipulate how long the separation lasts. No matter how long the separation lasts, if neither party applies for divorce, the marriage will not be dissolved automatically. If the lawsuit goes to the court for divorce and the separation lasts for two years, the court will support the divorce. If the relationship between the two parties is broken, they can directly go through the divorce procedures. If the two parties cannot reach an agreement on the division of property, child rearing, etc., they can sue to the court for divorce.
If one party does not agree to divorce, the other party can divorce by suing to the court, which can be as short as three months, as long as six months to one year, or even longer.
The people's court shall apply the ordinary procedure and conclude the case within six months from the date of filing. If the extension is necessary under special circumstances, it may be extended for six months with the approval of the president of the court; If the extension is still needed, it shall be reported to the people's court at a higher level for approval.
If no divorce is allowed in the judgment, and divorce cases that have been reconciled through mediation, or cases that have been adopted through judgment or mediation, and there is no new situation or new reason, and the plaintiff brings another lawsuit within six months, it shall not be accepted.
Divorce shall be granted if mediation fails in any of the following circumstances when divorce is brought:
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.
The following materials shall be prepared for divorce proceedings:
1. A civil petition for dissolution of marriage with the defendant;
2. The original and three copies of the Marriage Certificate;
3. The original and photocopy of the identity cards of the plaintiff and defendant;
4. The original and copy of the child's birth certificate;
5. It proves that the relationship between the husband and wife has indeed broken down;
6. Other evidentiary materials.
