夫妻分居满几年申请离婚法院才能支持?How many years of separation can couples apply for divorce court support?
《婚姻法》第三十二条第四款规定,因感情不和分居满二年的,如感情确已破裂,调解无效,应准予离婚。最高人民法院印发《关于人民法院审理离婚案件如何认定夫妻感情确已破裂的若干具体意见》第七条规定,因感情不和分居已满3年,确无和好可能的,或者经人民法院判决不准离婚后又分居满1年,互不履行夫妻义务的,视为夫妻感情确已破裂。
以感情不和分居两年为由请求离婚的,应注意以下几方面的内容:
其一,客观上夫妻没有共同生活,夫妻双方完全分开生活,夫妻之间已经不同床共枕、没有相互关照、日常生活也完全分开互不相关。
其二,主观上有分居的意思。即夫妻一方或双方拒绝夫妻共同生活,因此,仅有分居生活的客观事实,尚不足以构成法律意义上的分居。
其三,分居的期间必须达到两年以上,分居期间应该是连续不间断的。如果夫妻因感情不和多次分居的,但中间因暂时和好又恢复共同生活的,不能将前后几次分居的时间相加计算。注意如何证明夫妻已经分居两年由原告负责举证。
According to Article 32, Paragraph 4 of the Marriage Law, if a person has been separated for at least two years due to emotional discord, and if the relationship has indeed broken down and mediation is ineffective, divorce shall be granted. The Supreme People's Court has issued several specific opinions on how to determine that the marital relationship has indeed broken down in the trial of divorce cases by the people's court. Article 7 stipulates that if the couple has been separated due to emotional discord for at least 3 years and there is no possibility of reconciliation, or if they have been separated for at least 1 year after being ruled against divorce by the people's court and have not fulfilled their marital obligations, it shall be deemed that the marital relationship has indeed broken down.
If applying for divorce on the grounds of emotional discord and separation for two years, attention should be paid to the following aspects:
Firstly, objectively speaking, couples do not live together. Both spouses live completely apart, and they no longer share the same bed or care for each other. Their daily lives are also completely separate and unrelated.
Secondly, there is a subjective meaning of separation. One or both spouses refuse to live together, therefore, the objective fact of living separately is not sufficient to constitute legal separation.
Thirdly, the period of separation must be at least two years, and the separation period should be continuous and uninterrupted. If a couple separates multiple times due to emotional discord, but temporarily reconciles and resumes their common life, the time of the previous and subsequent separations cannot be added up for calculation. Pay attention to how to prove that the couple has been separated for two years, and the plaintiff is responsible for providing evidence.