Will You Automatically Get Divorced After Two Years of Separation?

Many people mistakenly believe that if a couple has a poor relationship and lives apart for two full years, they will automatically get divorced without needing the other party's consent, and the marriage will be dissolved automatically.

In fact, this is a misunderstanding of the law. The law does stipulate that if a couple has been separated for two years, it qualifies as grounds for divorce. But what does this mean? It means that if a married couple has lived apart for two years and one party files for divorce in court, the court may grant the divorce, ruling that their marital relationship and mutual affection have broken down.

Why only "may"? Because even if they have been separated for two years, the separation may not be due to marital issues. It could be because of work, studying abroad, or other reasons. Although they have lived apart for two years, their relationship may still be strong. For example, if the husband or wife works in another city while the other spouse lives elsewhere, their emotional bond may remain well-maintained during the separation.

If one party impulsively files for divorce, the court, after examining the evidence, may find that their relationship was actually quite good over the past two years. Even though they were separated, their emotional connection remained strong. Therefore, the court will not automatically rule that their marital relationship has broken down simply because they have been separated for two years. Thus, whether a divorce is granted after two years of separation ultimately depends on whether the couple's relationship has truly broken down. If the relationship has already deteriorated, a divorce can be granted even without two years of separation, as long as other grounds for divorce are met and there is evidence proving that the marital relationship has irretrievably broken down. If the couple has been separated for two years and it can be confirmed that the separation led to the breakdown of their relationship, the court will rule that their relationship has broken down and grant the divorce.

So why is two years of separation considered grounds for divorce, and not three months, six months, three years, or even five years? This is because legislation takes into account practical circumstances. In a normal marital relationship, couples would not remain separated for such a long time. In other words, if their relationship is relatively good, they are unlikely to stay apart for so long. They might separate for six months or a year, but within that time, they could resolve the situation by relocating for work or making other adjustments.

Secondly, from a legal perspective, the law encourages couples to prioritize their family after marriage and put other matters aside. It discourages long-term separations for other reasons, as extended separation can lead to the breakdown of the marital relationship. This is the underlying consideration of the legislators. So now we know that two years of separation does not automatically lead to divorce—it is merely one factor that may contribute to a divorce ruling.

Therefore, if someone wants a divorce, they should not simply wait for two years to pass, as doing so may still not result in a divorce.

This also reminds us that if someone is determined to get divorced, they should initiate separation immediately to demonstrate their resolve. This also serves as strong evidence that the marital relationship has irretrievably broken down. If one files for divorce but the couple continues to live together affectionately—what some call "divorce without leaving home"—the court will find it difficult to determine whether the relationship has truly broken down and may ultimately rule against granting the divorce.