I've been separated for 3 years, why hasn't the court divorced?
Online: After 2 years of separation, the court will grant a divorce.
Lawyer: False, no divorce will be granted automatically after a long separation.
What is separation in the legal sense?
1. The husband and wife do not perform their rights and obligations to each other.
If they ostensibly live in two separate homes, but come on dates from time to time, or if the man continues to give the woman living expenses?It's not a separation!
2. The reason for separation is that one party does not want to live with the other.
In the middle of separation, there was a period of time when the woman lived with the man due to physical reasons, etc., and the two parties often stayed overnight and met because the children also often stayed overnight, saw each other, etc., so the court ruled that they could not separate.
3. The period of separation shall continue to be counted for more than two years.
If the middle is reconciled again, live together!The second separation cannot be counted as the cumulative time, and the calculation must be started again for more than two years.
Separation is ,!! grounds for divorceThen you must collect sufficient evidence of separation!
Common evidence of separation is:
1. The lease contract of the house where one party lives outside:
2. The written separation agreement signed by both parties must be written and oral unless there is evidence to prove it
3. The written separation document issued by one party to the other party shall be mailed by express mail, with a note of separation, and the mailing voucher shall be kept as evidence.
4. The chat records of WeChat and SMS between the two parties that can prove emotional discord and separation, must keep the original chat records, not just screenshots;
5. Human witness. This depends on who the witness is, and both parties will generally find their own friends, but it is not very convincing to the judge. More convincing, such as the children of both parties.
Don't look at what others say about how to go, but learn about the relevant legal knowledge!