There is no provision in our country’s laws that stipulates how long separation can automatically terminate a marriage. However, there are two provisions on the time of separation in the Marriage and Family Section of the Civil Code. However, these two provisions only prove that the relationship between the spouses has broken down. They do not mean that the separation has the legal requirements to dissolve the marriage. Potency. One is that they have been separated for two years due to emotional discord, which is the basis for judging whether the relationship has broken down. Another point is that after the people's court decides not to allow divorce, the two parties have lived apart for one year, and one party files a divorce lawsuit again, the court should grant the divorce.

According to the provisions of our country’s laws, if a couple divorces, there are two ways to do so. One is divorce by agreement at the marriage registration machine, and the other is divorce by litigation decided by the people's court.

In divorce cases represented by lawyers, the court believes that the separation of husband and wife is not consistent with the breakdown of the relationship between the husband and wife, and will not rule on divorce:

1. One party needs one for work or study Living out of town for a long time;

2. The couple living apart due to taking care of children or the elderly;

3. One spouse living with someone else, but the other spouse thinks they still exist Emotional.

To sum up, separation between husband and wife is only a condition for divorce and cannot be regarded as a direct dissolution of the marriage. If you divorce, you still need to go to the Civil Affairs Bureau or file a divorce lawsuit in the People's Court.

Relevant legal provisions

Article 1079 of the Civil Code: If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court.

When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.

If mediation fails under any of the following circumstances, divorce shall be granted:

(1) Bigamy or cohabitation with others;

(2) Domestic violence committed Or abuse or abandon family members;

(3) Have bad habits such as gambling and drug abuse and refuse to change despite repeated admonitions;

(4) Separated for more than two years due to emotional discord;

(5) Other situations that lead to the breakdown of the relationship between husband and wife.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court has ruled that divorce is not allowed, and the two parties have lived apart for one year, and one party files a divorce lawsuit again, the divorce shall be granted.