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Need Divorce - living separately from spouse for last 4.5 years out of a 9 yr old marriage

Trenton, NJ |
Filed under: Divorce Bigamy

I have been married for 9 years but lived with wife for "only 7 months in total". 4.5 years ago, my wife filed Domestic Violence charges against me and since then we have been living separately with no contact. We also have a 7 yr child from the marriage whose full legal-physical custody was awarded to my wife during the Domestic Violence case and I have not seen my child since then, though I have been regularly paying the child support.

I am now looking to get married again. So my question is - given that we have been living separately for last 4.5 years with no contact, does it mean we are automatically divorced or I need to explicitly file for divorce?

Attorney Answers 3


There is no automatic divorce. You must file a complaint, reach a settlement and obtain a judgement of divorce. This is the court order that officially divorced you and allows you to get remarried. If you would like to schedule a consultation feel free to contact me.

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You must file for divorce. Being apart a long time has no legal effect. If you are looking to marry, I would suggest starting divorce proceedings ASAP because the process could take a few months. Good luck.

The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes. This content does not create an attorney-client relationship.

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You need to file for divorce to avoid bigamy.

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