What?Can I divorce automatically for two years?You can get married automatically!
Author:Lawyer Hu Kaisheng Time:2022.08.01
During the practice, many people consulted the editor and said that it can be automatically divorced, and the divorce can be automatically divorced for two years, so and so on. What? Automatic divorce, divorce is still automatic. Do you get married automatically? After the editor explained patiently, some parties still did not believe that many people on the Internet said that the relationship between two years was gone, even if they were divorced. Silent!
The editor of the law deliberately checked the Internet and found that many people asked such questions. Many people answered that they could divorce automatically. This answer is obviously inconsistent with the law and there is no automatic divorce.
For two years of divorce for two years, how long can I divorce automatically? Why do many people ask this way? In fact, some people are caused by serious misunderstandings about the law. The following editors talk about the source of these legal rumors.
Source 1: The provisions of Article 32, paragraph 3, paragraph 4 of the Marriage Law.
The content stipulated that if the men and women are separated for two years due to their feelings, they can be determined that the relationship between the two parties has been ruptured after mediation, and the divorce should be allowed to be allowed to be divorced. This one is actually the standard for determining the relationship between the two sides for two years due to emotional disagreement and separation.
In practice, the claim should provide evidence to prove it, but it is difficult to proof, at least to prove these points: 1. Due to emotional disagreement. There are many reasons for separation, and the reason for the work may be separated, which must be caused by emotional discord. 2. It must be two years or more. This kind of content with a certain privacy, exactly proves to be separated for two years or more, and there will be many difficulties. 3. It must be continuously separated. It is not to say that it is separated for a period of time, living together, and living again. 4. The separation of beds is not considered to be separated. There is at least a certain spacing distance in separation. Many people say that the two sides have been in bed for several years, thinking that this is also a separate residence. Don't say that, who knows if you have drilled into the bed again in the middle of the night, even if it is a separation, who believes it.
Source 2: "The Supreme People's Court on how the people's court trial of a divorce case to determine several specific opinions that the husband and wife's feelings are indeed broken".
The second half of the seventh part of the seventh is that if the court's judgment was not allowed to divorce and separated for one year, if the two parties did not fulfill each other's obligations, they could determine that the emotional rupture and the mediation were invalid.
This is applied more in practice. Most of the divorce cases. In the absence of legal reasons, the other party insisted on disagreeing with divorce. Generally, the court was rejected by the judgment. The two sides have been separated for another year and do not fulfill each other's obligations of husband and wife. Since there is already the first judgment, it is relatively easy to prove that some of the courts are allowed to be allowed to divorce both parties for the second time, and most of them are also based on this.
The above is the content involved in the law in the law. Whether it is the two years of separation of the source one or the separation of the source two, these contents are a criterion for the court in the trial of divorce cases. It is also necessary to provide relevant evidence to prove that it is not easy. However, many people do not understand the meaning of it. When they see these legal provisions, they misunderstand the meaning of the law, causing legal rumors of word of mouth.
There is no automatic divorce. Divorce must be handled by registration or litigation. The following editors talk about the three ways of divorce.
The first: register for divorce.
Registering divorce is that both husband and wife agree to divorce, and there is no controversy to matters such as raising and property division. The two parties then registered in the marriage registration authority together, which is registered in the marriage registration authority where one party is located. When registering a divorce, you must prepare, get a marriage certificate, hukou book, ID card, single photo, divorce agreement. Among them, the divorce agreement, the general civil affairs department can provide it, and then fill it out.
The second: litigation divorce.
The divorce of litigation is that both parties have failed to reach an agreement on whether they are willing to divorce, property division, and children's support. When they fail to reach an agreement, any party can ask the court to ask the court to lift the marriage relationship. The court then tried to judge whether the relationship between the two parties had been ruptured, and the divorce or not allowed to divorce.
To be sure, if one party insists on divorce, one party insists that the divorce will not be divorced. In the absence of legal reasons, the first judgment is not allowed to divorce. The second court can judge divorce. Divorce is a matter of time.
Third: mediation Divorce.
Mediation Divorce is essentially a kind of divorce. This divorce method is mainly for local migrant workers. Since these people have voluntarily reached a divorce, if you return to the place where the hukou is located, the divorce procedure is available, and the cost of taking off and the cost of the fare will be requested. Wait high. At this time, according to the law, if one of them lives in the local area for more than a year, they can sue and divorce in the local court, and then the court will mediate and issue a divorce mediation. In fact, it is the process of divorce of litigation, but both parties agree that the court mediates the marriage relationship.
These three methods are effective ways to relieve the marriage relationship. If there is no automatic divorce, if you want to relieve the marriage relationship, you can negotiate with the other party first. It is the simplest and fastest. If the agreement cannot be consistent, you can sue to the court. AlthoughTrouble, but the right to freedom of marriage is guaranteed, and divorce is a matter of time.Well, today's legal knowledge study is here. If you have any questions, you can leave a message below the article. There are more exciting legal practice knowledge push in the future. Please follow us!Welcome to share with more friends!
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