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?
Divorce / Separation Lawyer
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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Workers' Compensation Lawyer
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.
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Divorce / Separation Lawyer
You need to file for divorce to avoid bigamy.
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