How does the law stipulate that husbands and wives are separated?

Many husbands and wives will choose to separate before formal divorce. By separating, they can restore their peaceful life and carefully consider how to solve the marriage relationship. Because of its practical significance, my country's marriage law has incorporated the separation of husband and wife into the reference factors of the relationship between husband and wife.

However, not all husbands and wives separate are legal. Marriage law is divided into two types of separation, that is, the separation due to objective reasons and the separation caused by subjective reasons.

First, the separation caused by objective reasons. Popularly speaking, the couple was originally unwilling to separate, and the reason for separation is caused by objective reasons such as work and learning. This kind of separation is not meaningful in marriage.

Second, separate separation due to subjective reasons. The subjective reason here is that the couple's feelings discord. Since the law emphasizes that marriage should be based on feelings, of course, the relationship between husband and wife's disagreement has the legal significance of marriage. To this end, the separation of separation due to disagreement caused by husband and wife should be used as a reference for judging the relationship between husband and wife. In addition, the law requires a certain period of time. According to the current legal provisions, there are two deadlines that the husband and wife should be separated due to emotional discord. After the divorce, the two sides were separated for another year, and a divorce lawsuit was filed again, and the divorce should be allowed.

The following two issues should be paid to the calculation method of separation time caused by husband and wife feelings:

First, the start and end time of calculation. The start time of separation should be evidence that there is evidence to prove or the time of both parties recognized. The calculation deadline should be at the end of the court's investigation of the case.

Second, the separation time should be calculated continuously, instead of accumulating the calculation of several separation time.

Copyright is a Beijing marriage lawyer, welcome to consult with marriage lawyers, Beijing divorce lawyer-Beijing's most professional divorce lawyer http://www.bjlihun.com

- END -