According to the relevant laws of China, if a couple has been separated for two years, if they cannot agree to a divorce, a divorce lawsuit can be filed. After the court determines that the relationship between the two parties is broken, the divorce will be allowed.
Article 32 [Divorce lawsuit] If a man and a woman require a divorce, the relevant department can conduct mediation or directly file a divorce lawsuit with the people s court.
1. The two separated because of emotional disagreement. If separation from work only leads to separation, and finally the divorce is claimed because the relationship between the couple is consumed, then this cannot be regarded as separation in the divorce law.
2. The time of separation between the two parties must be calculated continuously, and has been for two years, from the second day of actual separation to the date of suing the court for divorce. If the two parties in the middle have been reunited, but the reunion time is relatively short, such as going home to celebrate the New Year, then it cannot be considered as separation.
3. The essence of separation between husband and wife is that they do not fulfill their obligation to have sex with each other. And if it is limited by family living conditions, such as caring for children, etc., but the two sides satisfy it through other methods, then it does not belong to this essential element.
In fact, many people think that the couple can divorce after two years of separation. In fact, according to the above regulations, it is not easy to judge the divorce from separation. It is not only necessary to prove that the separation is due to emotional disagreement. And provide evidence of separation, etc. Once the proof is insufficient, the court will rule against divorce.
According to the relevant laws of China, if the spouse has been separated for two years, if the divorce cannot be agreed, a divorce lawsuit can be filed. After the court determines that the relationship between the two parties is broken, the divorce will be allowed.