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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?

Asked over 2 years ago - Columbus, OH

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.

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Attorney answers (1)

Thomas Arthur McCormack

Reputation Level 14

Answered over 2 years ago. Divorce / Separation Lawyer in Cleveland, OH.

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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.

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