If the couple separates because of their emotional discord, they can divorce if they meet the required conditions. If they are separated for other reasons, it is generally not considered that the conditions for divorce are satisfied. In reality, some couples may not cohabit for three years, and then they feel that their feelings are weak and they want to divorce. Then how to deal with the divorce without cohabitation for three years? Next, Xiaobian will give you a detailed answer.
Many people know that the Marriage Law stipulates that couples who have separated for more than two years can decide to divorce, but often some parties do not get the support of the court when they propose divorce. This is why? From a general perspective, separation means that two people live together, live separately, spend separately, do not live together, and so on. However, from a legal point of view, the requirements for the elements of separation are more stringent. Generally speaking, separation, also known as separate living or separate eating system, refers to the legal system that relieves the cohabitation obligation between husband and wife but retains the marriage relationship. This legal concept is more abstract. Simply speaking, the separation recognized by the court at present means that because of the discord between husband and wife, the two sides live separately and do not perform the obligations between husband and wife (including sexual life, etc.). Although not living together, it is not because of emotional discord, but because of the workplace, or other objective reasons, not legal separation. For example, a person who works in Beijing and a person who works in Shanghai has filed for divorce and proposed separation for two years. Because of the place of work, it is difficult for the court to determine that the separation constitutes separation in marriage law.
So living in the same apartment, not sleeping in the same bed, is it separation? Because of the restrictions of material living conditions, the vast majority of citizens have only one dwelling, even if couples are not in harmony with each other, they usually have to pay no attention to each other. When they sleep, they sleep in each room, but they have sex life. In this case, once one party denies sleeping separately, the other party is not able to prove the fact of sleeping separately or the fact of having no sexual life, it is difficult for the court to identify cohabitation.
Then, how to prove the fact of separation? It is often ineffective to state the fact of separation to the court by empty mouth. Witness testimony, lease contract of other residence, letters received at new address, etc. can be used as evidence to prove separation. Of course, if you can sign a separation agreement with the other party, it will be more able to prove the relevant facts.
How to handle divorce without cohabitation in two or three years
1. If both parties agree to divorce by agreement, it is not necessary to go to the Civil Affairs Bureau where the marriage certificate is issued for divorce, but to the place where the residence registration of either party is located.
2. If the two parties agree to divorce, they need to go to the defendant's domicile (domicile refers to the domicile, but the habitual place of residence is different from the domicile, the habitual place of residence is the domicile, and the habitual place of residence refers to the place where they have lived for more than one year).
Even if the couple did not live together for three years, it would not divorce automatically. If you want to dissolve the marriage relationship, you still need to go through the corresponding formalities. At this time, if the two sides can reach agreement through negotiation, divorce agreement is the best choice. Otherwise, the divorce conditions will be more stringent and the divorce procedure will be more complicated.