There are two ways to dissolve the marriage relationship, one is to register the divorce by the civil affairs department, and the other is to go to court for divorce. Therefore, no matter how long the separation is, the marriage relationship will not be dissolved automatically, and divorce must be through corresponding legal channels. The Marriage Law stipulates that one of the husband and wife who have been separated for two years due to emotional disharmony can sue to the court for divorce after mediation has no effect, but the marriage relationship is not automatically dissolved after two years of separation, and it is not necessary to separate for two years before divorce. The criterion for the court to dissolve the marriage relationship is whether the relationship between husband and wife is broken, and separation is only one of the factors that determine the relationship is broken. The length of separation is not the procedure and method of divorce. In order to achieve the purpose of dissolving the marriage relationship, it must be handled through the way of dissolving the marriage relationship stipulated by law. 1, must be separated due to emotional discord.

The separation of husband and wife is caused by objective reasons, emotional disharmony, and voluntary agreement between the two sides. For example, husband and wife work in two places separately, and there is no cohabitation condition because they are far apart, or one party cannot live together when working outside. This kind of separation between husband and wife is not caused by emotional disharmony. Even if the separation time is longer, it does not meet the legal situation that divorce should be granted because of emotional disharmony. In other cases, the relationship between husband and wife is still good, but for some reason they voluntarily separate. This kind of situation also does not meet the statutory conditions for granting divorce for "separation due to emotional discord". As a legal situation that divorce should be granted, separation must be caused by marital emotional problems, emotional disharmony, emotional breakdown and mutual disgust.

2. Separation must be continuous and have been completed for two years.

First of all, it must be two years from the second day of the actual separation of husband and wife to the time when the divorce proceedings are filed with the court. Secondly, the separation must be continuous and the separation time must be calculated continuously. If you live together again after separation, it should be recalculated from the day after cohabitation and separation. You can't add up the time of several separations before and after.

Legal basis:

Article 1076 of the Civil Code of the People's Republic of China * * * If both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the intention of both parties to divorce voluntarily and the consensus opinions on matters such as child support, property and debt handling.

Derivative problem:

Contents of divorce compensation:

(a) in divorce proceedings, if one party is required to bear the liability for damages, it is necessary for the claimant to submit sufficient evidence to support his accusation against the other party. The evidence of divorce damages mainly includes:

1, written record or oral statement in which the wrongdoer admits his mistake.

2. A certificate issued by the neighborhood (village) committee where the wrong party belongs or the unit where it belongs that it lives with others or is commensurate with others in the name of husband and wife.

3. A certificate issued by the marriage registration authority that he is married to others.

4. Diagnosis of domestic violence issued by relevant institutions such as hospitals or injury appraisal issued by relevant authorities.

5, made by the people's court constitutes a crime of abuse, abandonment or other crimes about domestic violence criminal judgment.

6. Testimony of neighbors.

7. Photos that can prove that one party is at fault.

8. Relevant records of judicial administration and law enforcement organs, etc.

When collecting evidence, it is necessary to ask the units, organizations and personnel who know the truth, collect testimony, records and vouchers, such as photos and X-rays taken after domestic violence, and medical institutions diagnose the victim's cause.

Medical records of depression caused by long-term family pressure; If possible, the relevant witnesses may also be invited to testify in court.

(2) Divorce damages are different from the economic compensation for the innocent party in the previous trial practice, but a mandatory provision.

(3) The fault and no-fault in divorce damages are different from those in general civil sense.

Legal basis:

Article 1076 of the Civil Code of the People's Republic of China * * * If both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the intention of both parties to divorce voluntarily and the consensus opinions on matters such as child support, property and debt handling.