According to the law of our country, if the relationship between the two parties breaks down, they can go through the divorce formalities directly. If the two sides can't reach an agreement on issues such as property division and child support, they can sue for divorce in court. There is no law on how long to divorce, no matter how long. If neither party has filed for divorce, the marriage will not be dissolved automatically. If you file a lawsuit for divorce with the court and have been separated for 2 years due to emotional disharmony, the court will support the divorce.

Legal objectivity:

According to the provisions of Article 31 of the Marriage Law, divorce is granted if both men and women voluntarily divorce. Both parties must apply for divorce at the marriage registry. When the marriage registration office finds out that both parties really want and have properly handled the children and property issues, it will issue a divorce certificate. Article 32 If a man or a woman requests a divorce, the relevant department 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. The legal condition of divorce "the relationship has indeed broken down" is a substantive provision, and it is the legal condition for granting divorce and not granting divorce. "Invalid mediation" is a procedural provision and cannot be used as a legal condition for judging divorce. In the trial of divorce cases, mediation should be conducted. Many cases of mediation failure have indeed been solved. In this sense, "ineffective mediation" is a reflection of "emotional breakdown". There are some divorce cases, although mediation is ineffective, but it is not that "the relationship between husband and wife has indeed broken down." In mediation, there are often differences between efforts and ineffectiveness, depth and lack of depth, which directly affect the mediation effect. Years of civil trial practice show that the meanings of "mediation is invalid" and "feelings have indeed broken" are not exactly the same, and "mediation is invalid" does not mean "feelings have indeed broken". Therefore, in trial practice, "mediation is invalid" should not be taken as the basis for determining that "feelings have indeed broken" and "feelings have indeed broken" should not be completely equated with "mediation is invalid". Don't simply take "invalid mediation" as a sign that "feelings have indeed broken down", let alone take "invalid mediation" as a legal condition for judging divorce. The legal condition for judging divorce is only that "the relationship has indeed broken down." Criteria for judging the breakdown of marriage relationship: To judge whether the marriage relationship has really broken down, we should comprehensively analyze the marriage foundation, marriage relationship, reasons for divorce, the current situation of marriage relationship and the possibility of reconciliation. According to the relevant provisions of the Marriage Law and the experience of trial practice, the relationship between husband and wife is deemed to have really broken down in any of the following circumstances. If one party insists on divorce and mediation fails, divorce may be granted according to law. 1. One party suffers from marital diseases prohibited by law, or one party has physical defects, or cannot have sexual relations for other reasons, which is difficult to cure. 2. Lack of understanding before marriage, hasty marriage, and lack of marital relationship after marriage, making it difficult to live together. 3. Concealing mental illness before marriage and being cured after marriage, or getting married knowing that the other party is suffering from mental illness before marriage, or one of the spouses is suffering from mental illness during their life and has been cured for a long time. 4. One party cheats the other party, or cheats to get a marriage certificate in marriage registration. After the marriage registration, the two sides have never lived together and there is no possibility of reconciliation. 6. Arranged, bought and sold marriage, and one party immediately filed for divorce after marriage, or * * * has lived together for many years, but has not established marital feelings. 7. Separated for 2 years due to emotional disharmony, there is no possibility of reconciliation, or the people's court ruled that separation after divorce is not allowed 1 year, failing to perform the obligations of husband and wife. 8. One party has committed adultery or illegally cohabited with others, and still refuses to repent after education. It is really impossible for the innocent party to sue for divorce, or for the wrong party to sue for divorce, and the other party does not agree to divorce. After criticism, education and punishment, or after the people's court ruled that divorce is not allowed, the wrong party sued for divorce. 9. One party bigamy, the other party filed for divorce. 10. Because one party likes to relax, hates work, has bad hobbies such as drug abuse and gambling, and fails to fulfill family obligations, it is difficult for husband and wife to live together after repeated education. 1 1. One party is sentenced to long-term imprisonment according to law, or its illegal and criminal acts seriously hurt the feelings of husband and wife. 12. One party's whereabouts were unknown for two years, and the other party filed a divorce lawsuit. After the announcement, it was found that there was no whereabouts. 13. Being abused or abandoned by the other party, or being abused by the other party's relatives, or abusing the other party's relatives, and refusing to change after education, the other party does not understand. 14. One party has domestic violence. 15. The relationship between husband and wife really broke down for other reasons. Divorce procedures: go through the divorce procedures in the civil affairs department: bring both men's and women's ID cards (temporary id card), household registration book (household registration certificate), marriage certificate and agreement (property division, child support and creditor-debtor agreement), and accept two recent 2-inch bareheaded photos: go to the marriage registration office lobby of the civil affairs department where one party's household registration is located, and both parties submit the above procedures in person: check the household registration book, ID card, marriage certificate and ID card. Whether the photo registration is the same as that of the party concerned: 9 yuan, ask both parties whether they are willing to pay the registration fee, and both parties will write a statement, sign a statement and an agreement, press their fingerprints and the number of the registrant, register and print the divorce certificate, and fill in the divorce registration review processing form > authentication: after going through the registration formalities, go through the relevant registration procedures for the record, issue divorce certificates and divorce agreements to both parties, and formally announce the dissolution of the relationship between husband and wife. If there is no marriage certificate, first open a confirmation letter in the village Committee or unit where I work: the basic information of the two people, when and where to go through the marriage registration procedures. Fill in the marriage certificate first, and then go through the divorce formalities. Agreement on divorce: * * male, Han nationality, living in * * ID number * * Agreement: * * female, Han nationality, living in * * ID number * * * Both parties performed on 19** year * * *. The following agreement was reached through negotiation: 1. Both parties voluntarily dissolve the relationship between husband and wife. 2. Children or daughters (born in * * * * *) are raised by * * (or: both parties have no children, so there is no support problem). 3.* * * belongs to the woman, * * * belongs to the man, and * * debt is paid by * *. The indictment shall state the identity of the plaintiff and the defendant, the claims, facts and reasons, and other basic information. The evidence provided includes ID card, marriage certificate, children's birth certificate, evidence of broken relationship between husband and wife, evidence of wrong behavior of the other party, property evidence, etc. The format of the complaint is: civil complaint plaintiff: (basic information) defendant: (basic information) litigation request ... facts and reasons ... This is written to the witness of XXX people's court: the "Request for Litigation", which wrote down the purpose he requested to achieve, including: requesting divorce, child support, commitment to support, requesting the other party's right to visit when raising, property division, and requesting the other party when in difficulty. "Facts and reasons" indicate the basis of the litigation request, including the reasons and basis for divorce, who will raise the children, the reasons and basis for the way of visiting, the property situation, and the reasons and basis for division. Reasons for divorce: it should be explained in detail that the relationship between husband and wife has indeed broken down, and there is no possible fact and basis for reconciliation. If there is a legal divorce (bigamy or cohabitation with others; Committing domestic violence or abusing or abandoning family members; Gambling, drug abuse and other bad habits are incorrigible; Separated for two years due to emotional disharmony) it needs to be pointed out in particular. The number of words should be determined according to the specific situation, not limited, but not too cumbersome. Divorce legal fees: According to the Measures of the People's Court on Legal Fees, each divorce case ranges from 10 yuan to 50 yuan. Where the division of property is involved, the total amount of property shall not exceed 1 10,000 yuan, without additional charge; If it exceeds 10,000 yuan, pay 1% more. The burden of litigation costs in divorce cases shall be decided by the people's court. Duration of court hearing: for civil cases of first instance that are tried by ordinary procedures, the duration is six months; If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital. If an extension is necessary, it may be extended for another three months with the approval of the people's court at the next higher level. The time limit for hearing appeals against civil judgments is three months; If there are special circumstances that need to be extended, it can be extended for three months with the approval of the president of our hospital. In other words, divorce cases are generally concluded within six months (fifteen months under special circumstances), and the period of summary procedure is three months. The appeal against the judgment of the court of first instance is generally concluded within three months (six months under special circumstances). If a person is not present or unwilling, he can only bring a lawsuit to the court where the account is located. Divorce registration shall be handled according to the procedures of preliminary examination, acceptance, review and registration (certification): (1) the parties submit certificates and supporting materials; (two), the marriage registrar to check the corresponding documents and certification materials; (3) The marriage registrar explains to the parties the conditions of divorce registration in the Marriage Law; (four), the marriage registrar asked the parties about the divorce will and the contents of the divorce agreement; (5) If both parties voluntarily divorce and reach an agreement on matters such as child support, property and debt disposal, both parties shall fill in the Declaration on Application for Divorce Registration and sign it in front of witnesses; (6) Both husband and wife personally sign the divorce agreement; The marriage registrar is a witness to the oath. One copy of the agreement is for both husband and wife, and one copy is filed in the marriage registration office; (seven), the marriage registrar to review the documents submitted by the parties, divorce registration application, divorce agreement, in line with the conditions of divorce, fill out the "divorce registration review processing form" and divorce certificate; (8) issue a divorce certificate. Divorce certificates shall be issued in the presence of both parties: 1. Verify the names, dates of birth and divorce wills of both parties; 2. Inform the parties of the legal relationship after receiving the divorce certificate, the relationship with children and the obligations after divorce; 3. Witness the personal signature of the parties in the column of "Signature or fingerprint of the party receiving the certificate" in the "Divorce Registration Review Processing Form"; If the client can't write his own name, he should press his handprint. 4. Stamp the marriage certificate of the parties with a strip seal, indicating that "the two parties are divorced, and the certificate is invalid. ×× Marriage Registry ". The cancelled marriage certificate shall be returned to the parties concerned. 5. Issue divorce certificates to both divorced parties respectively, announce to both parties that they have received divorce certificates and dissolve the relationship between husband and wife.