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    samone1111's Avatar
    samone1111 Posts: 1, Reputation: 1
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    #1

    Sep 2, 2008, 12:45 PM
    They've lived apart for seven years
    My boyfriend and his wife have lived apart for over seven years. They do NOT live as husband and wife. Do they still have be legally divorced or is there a statute to this to where he can be classified as divorced?
    0rphan's Avatar
    0rphan Posts: 1,282, Reputation: 240
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    #2

    Sep 2, 2008, 01:37 PM
    I know after a certain amount of time had passed you would be automatically classed as divorced but I think you still have to go through the actual legal proceedings to variefy it... rubber stamp it so to speak.

    Things may have changed over the years and I am in the UK, so hopefully someone else will give you an answer for the USA, legal proceedings.

    Sorry I could not be of more help.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 2, 2008, 02:35 PM
    You are legally married in the US till you have a judge declare the marriage ended ( divorced)

    So they need to hire an attorney or buy a do it yourself divorce and both sign and file it.

    Plus in fact unless they have a formal separation agreement, they are not even legally separated.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #4

    Sep 2, 2008, 04:54 PM
    Where are you located? If you are in the U.S. fr. Chuck is absolutely on the ball.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Sep 2, 2008, 06:50 PM
    Quote Originally Posted by 0rphan
    I know after a certain amount of time had passed you would be automatically classed as divorced but i think you still have to go through the actual legal proceedings to variefy it....rubber stamp it so to speak.

    Things may have changed over the years and i am in the UK, so hopefully someone else will give you an answer for the USA, legal proceedings.

    Sorry i could not be of more help.


    A legal marriage can only be dissolved legally - I have never heard of an automatic divorce.

    Where did you hear of this - you say it may have changed (from automatic divorce to having to go to Court)?

    The boyfriend has to go to Court to resolve all legal issues of property, custody, support, joint debts, joint assets, all of it. No easy way to do it, nothing automatic.
    0rphan's Avatar
    0rphan Posts: 1,282, Reputation: 240
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    #6

    Sep 4, 2008, 12:02 PM
    Hello Judy... yes I know you would still have to go to court where ever you are, as it is a legal binding agreement, which I do state as well.

    Perhaps I didn't quite phrase that properly... what I actually meant was, if you have been apart for a certain length of time, you would be granted a divorce but would still have a court appearance to settle any money etc, issues.

    If you divorce your husband/wife without an adaquite reason you would be given an appropriate length of time before you divorce and again you would have to go to court to finalise everything.

    I hope this makes more sense Judy... having stated the above, it could have all changed now.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Sep 4, 2008, 12:22 PM
    Quote Originally Posted by 0rphan
    Hello Judy... yes i know you would still have to go to court where ever you are, as it is a legal binding agreement, which i do state as well.

    Perhaps i didn't quite phrase that properly...what i actually meant was, if you have been apart for a certain length of time, you would be granted a divorce but would still have a court appearance to settle any money etc,, issues.

    If you divorce your husband/wife without an adaquite reason you would be given an appropriate length of time before you divorce and again you would have to go to court to finalise everything.

    I hope this makes more sense Judy...having stated the above, it could have all changed now.


    OK, now I understand the separation/divorce part but in most if not all US States that must be a FORMAL separation. You can't just live apart. You have to prove it - and, again, many States accept only a legal, formal separation as that proof.

    I think you mean if you attempt to divorce your husband/wife without an adequate reason you would be given an appropriate length of time... obviously you can't divorce without an adequate reason, adequate grounds.

    So, yes, I think we're on the same page and, yes, it makes sense, and, yes, I think it's changed.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #8

    Sep 4, 2008, 01:20 PM
    Quote Originally Posted by JudyKayTee
    OK, now I understand the separation/divorce part but in most if not all US States that must be a FORMAL separation. You can't just live apart. You have to prove it - and, again, many States accept only a legal, formal separation as that proof.

    I think you mean if you attempt to divorce your husband/wife without an adequate reason you would be given an appropriate length of time ... obviously you can't divorce without an adequate reason, adequate grounds.

    So, yes, I think we're on the same page and, yes, it makes sense, and, yes, I think it's changed.

    Many states have a no fault claus in the divorce courts and what it really means is there is no reason whatsoever that is actually needed to get a divorce other then that you want one. Calif is one of those states where it doesn't matter.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #9

    Sep 4, 2008, 01:27 PM
    Ok yes there has to be papers signed that state each agree with the separation of property. Since unless there is a legal separation in many states, the husband or wife may have a right to current property of the other if that property was purchases while married.

    Now if they totally agree on everything most liekly they merely file paper work and don't appear at all, or merely appear once.
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