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How long can couples sleep in separate rooms after divorce?
According to the provisions of China's Marriage Law and related laws and regulations, one of the conditions for a couple to divorce is that they have been separated for two years due to emotional disharmony, but this does not mean sleeping in separate rooms. Sleeping in separate rooms is not equal to the separation required by the marriage law. Then if the relationship between husband and wife has really broken down and then want to divorce, you can divorce after two years of separation. After two years of separation, both husband and wife can file divorce proceedings with the court, and the court will make a judgment according to the actual situation.
The civil affairs department is responsible for divorce through administrative procedure agreement. The specific marriage registration authority is the street office or civil affairs department of the municipal government of a municipal district or a city without districts; In rural areas, it is the people's governments of townships, nationality townships and towns. Divorce by agreement must go through three steps: application, examination and registration.
1. If mainland residents divorce voluntarily, both men and women should register for divorce at the marriage registration office where one party's permanent residence is located. China citizens and foreigners voluntarily divorce in China Mainland, while mainland residents and Hong Kong residents, Macao residents, Taiwan Province residents and overseas Chinese voluntarily divorce in China Mainland. Both men and women should register for divorce at the marriage registration office where the permanent residence of mainland residents is located. Mainland residents who apply for divorce registration shall produce the following documents and supporting materials: their household registration book and identity card; My marriage certificate; A divorce agreement signed by both parties. When Hong Kong residents, Macao residents, Taiwan Province residents, overseas Chinese and foreigners apply for divorce registration, in addition to the above-mentioned documents and supporting materials, Hong Kong residents, Macao residents and Taiwan Province residents should also show their valid passports and identity cards, and overseas Chinese and foreigners should also show their valid passports or other valid international travel documents. Among them, the divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
2. review. The marriage registration authority shall examine the certificates and certification materials issued by the parties involved in the divorce registration and ask about the situation. If the parties do divorce voluntarily and reach an agreement on issues such as child support, property and debts, they shall register on the spot and issue a divorce certificate. In the process of review, we must fully understand the contents of the agreement, especially pay attention to whether the intention of both parties to ask for divorce is true, whether the child support, the help of one spouse's life difficulties, the division of property and the handling of debts are appropriate.
3. register. After examination by the marriage registration authority, those who meet the conditions for divorce shall be registered, issued a divorce certificate, and their marriage certificates shall be cancelled; At the time of divorce registration, if the parties fail to reach a divorce agreement, they belong to a person with no or limited capacity for civil conduct, or if their marriage registration place is not in Chinese mainland, the marriage registration authority will not accept it. Refuse to register if it does not meet the statutory conditions, it shall explain in writing the reasons for not registering. The relationship between husband and wife shall be terminated when the parties receive the divorce certificate. If one party to a divorce fails to perform its due obligations in accordance with the divorce agreement, the other party may bring a civil lawsuit to the people's court.
Legal basis:
Article 32 of the Marriage Law of the People's Republic of China * * * 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 fails, divorce shall be granted. Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation of a spouse with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (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.
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