Is it true that you can be seperated for a long time to be considered a divorce, or do you have to have legal paperwork?

I am with someone who has been seperated from their marriage for about 10 years. He believes that it is considered a type of divorce since it has been so long, but I don't. He does not know the where abouts of his wife, he just has her name. Is he right or do you have to have legal papers and go through the courts for it to be considered a divorce? Is there a way we can track her down to serve the papers if necessary? Please help so my partner and I can move forward with our future together.
Answer this question Add to list

Answers (1)

Thomas Arthur McCormack

Thomas Arthur McCormack

Contributor Level 6
There is no common law divorce. A marriage must be terminated by a decree of divorce issued by a court with jurisdiction. A missing wife may be served by publication. It's time to find counsel and start the action. Should take about 90 days and cost very little.

THE ANSWER PROVIDED is for general informational purposes only. This attorney does not intend to give legal advice. Evaluating the statutes and case law, as well as any relevant court documents together with a more detailed factual analysis could result in a different response. The attorney does not intend to create an attorney/client relationship by the response. Anyone seeking legal advice should always consult with retained legal counsel for a full evaluation of his or her claims.
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.

Top Divorce Contributors

1.
Mark S Williams
Contributor Level 6
12 answers, 1 legal guides
2.
Christopher T. Anderson
Contributor Level 5
13 answers, 0 legal guides
3.
Richard Forrest Gould-Saltman
Contributor Level 7
15 answers, 0 legal guides
View all Divorce Lawyers on the Contribution Leaderboard