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

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?

Trenton, NJ -

Find Out More

Attorney Answers (3)

Andrzej Piotr Szymanski

Andrzej Piotr Szymanski

Family Law Attorney - Little Falls, NJ

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... more
Ronald Glenn Lieberman

Ronald Glenn Lieberman

Divorce / Separation Lawyer - Haddonfield, NJ

You need to file for divorce to avoid bigamy.

DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more
Thomas S. Durst

Thomas S. Durst

Divorce / Separation Lawyer - Trenton, NJ

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.

This post is not legal advice and does not create a confidential attorney-client relationship. It is being... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Featured Legal Guides

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.