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How long can I apply for compulsory divorce after separation?
There is no concept of forced divorce in law, and China's marriage law clearly stipulates that China implements the system of freedom of marriage, marriage and divorce. So divorce is voluntary, and there is no forced divorce. If both parties divorce voluntarily, they can sign a divorce agreement and apply for divorce registration directly at the marriage registration office. However, if one party files for divorce and the other party insists on not agreeing to divorce, it is necessary to request the people's court to decide to grant divorce through litigation.
When the husband and wife have been separated for two years, the party who filed for divorce sued the people's court for a judgment of divorce. When the people's court hears a divorce case, it is still necessary to mediate first and ask the party who filed for divorce whether it is possible to give up the idea of divorce and continue to maintain the marriage relationship. If the party who filed for divorce after mediation still insists on divorce, the people's court will grant the divorce.
Article 3 1 of Marriage Law: Voluntary divorce
If both men and women voluntarily divorce, divorce shall be granted. Both parties must apply for divorce at the marriage registry. When the marriage registration office finds out that both parties are really willing and have properly handled the children and property issues, a divorce certificate will be issued.
Marriage Law Article 32 Divorce proceedings
If one of the men and women requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has really broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
Bigamy or a spouse living with others;
Committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
Separated for two years due to emotional disharmony;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
Article 34 of the Marriage Law shall not file for divorce.
During pregnancy, within one year after delivery or within six months after termination of pregnancy, the man may not file for divorce. This restriction shall not apply if the woman files for divorce, or if the people's court deems it really necessary to accept the man's request for divorce.
skill
The above answers are only for the current information combined with my understanding of the law, please refer carefully!
If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.
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