No. If you never filed a Petition for legal separation, then you are still married regardless of whether you do not live together. However, this only applies in Wa. state, if you choose to live on another state, the same laws do not apply.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements
If you want to be divorced you must file for divorce and be granted a divorce by a judge. There is no law that saws living apart will result in a divorce. Having an affair may impact the divorce so go consult with a local divorce attorney.
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I cannot tell if your question is a federal tax filing status question and a legal status question or simply a legal status question. For federal tax purposes your filing status depends on whether or not you are legally married on December 31st of that year. Even if you are married, you can file separately and if you were living separate from each other for more than 6 months and have a qualifying child you may be able to file as head of household which usually is a favorable tax status.
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