No matter how long a couple has not been together, it is not automatic divorce. There is no such thing as automatic divorce.
There are only two ways to dissolve marriage:
At present, the marriage can be automatically dissolved if the law does not recognize separation for n years when the marriage registration administration organ handles the agreement or the people's court makes a judgment/mediation.
No one is willing to take the dispute to court unless he has to. Therefore, divorce by agreement is undoubtedly the best choice to dissolve the marriage relationship. Especially after the promulgation of the new marriage registration regulations, divorce no longer requires the parties to issue a letter of introduction, personal privacy has been protected, and divorce by agreement is more convenient and fast. However, it should be more convenient for the parties whose registered permanent residence is far away from other provinces (cities) and who work and live in Shanghai to mediate divorce through the court. If the method is appropriate, the cost is only 50 yuan, which may be cheaper than the one-way ticket to the residence. If the time is properly arranged, it will not take a month. In addition, the court is undoubtedly the only way for the party who wants to divorce in China if one party is abroad and cannot go through the domestic divorce procedures by agreement, or the marriage is concluded in a foreign country. Therefore, the choice of divorce mode is mainly based on their own specific conditions, and cannot be generalized.
The impact of separation on divorce:
Fans often ask me if I want to divorce or live apart? In fact, if you really intend to divorce, separation must be beneficial to you, especially in the case of domestic violence. If you plan to divorce and stay at home, what will he do if he beats you again? Your personal safety cannot be guaranteed. My suggestion is that in the case of domestic violence divorce, the two parties agree that the divorce cannot be achieved. After you file a divorce lawsuit, you should not stay at home, because it is too unsafe to stay at home. Try not to meet the other party in private places. If you meet the other party, you should meet in public. The other party will easily stop violence. If you are violent again, someone will help you!
Another point is that during the hearing, the judge will ask whether the two parties have lived apart when reviewing the case. As the plaintiff, you tell the judge that you have not lived apart from the other party, but still live with the other party. It is inevitable that people will think that your feelings have not broken at all. This lawsuit may be just a conflict between the two parties.
Therefore, if your conditions permit, it is suggested that once you choose to sue for divorce, you can choose separation!
At the same time, the Marriage Law stipulates a legal provision: if the separation is more than 2 years due to emotional discord, the court shall make a divorce judgment. In suing for divorce, as the plaintiff, if you have evidence to prove that both of you have separated due to emotional disharmony, and that the separation has lasted for more than two years, the court should judge both of you to divorce. If you have separated from each other before suing for divorce, you must collect evidence in this regard!
However, please note that no matter whether or how long you have been separated, your marriage relationship has existed since the beginning and cannot be automatically dissolved without an agreement or a lawsuit for divorce!
