How long can a husband and wife be separated and unilaterally divorced?

Husband and wife who have been separated for two consecutive years and fail to perform their obligations may unilaterally sue for divorce.

If one of the men and women requests a divorce, the relevant departments can mediate or directly file a divorce lawsuit with the people's court. Divorce due to separation needs to meet certain conditions: First, both parties are required to live apart for two years in a row and fail to fulfill their obligations as husband and wife. Second, the two sides separated because of emotional disharmony. Third, court mediation is needed, and there is no possibility of reconciliation.

If one of the spouses requests a divorce, the relevant organizations 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 indeed broken down and mediation is ineffective, divorce should be granted.

Conditions for divorce

In any of the following circumstances, if mediation fails, divorce shall be granted: bigamy or cohabitation with others; Commit domestic violence or abuse or abandon family members. Have bad hobbies such as gambling and drug abuse; Separated for two years due to emotional disharmony; Other circumstances that lead to the breakdown of marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted. There are many reasons for the separation of husband and wife, but it is not necessarily one of the conditions for separation and divorce. And separation does not necessarily lead to divorce between husband and wife. At this time, if the marriage relationship is dissolved through litigation, the requirement is to separate because of the emotional disharmony between the two sides. After that, the separation time should last at least two years. Of course, during this period, neither of them fulfilled their obligations as husband and wife.