QUESTION
Do I still have to get a divorce if my wife and I have already been separated for 4 and a half years?
Asked on Mar 27th, 2013 on Divorce - Michigan
More details to this question:
I have been married for 9 years but lived with wife for only 7 months. Four and a half 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 year old 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 and a half years with no contact, does it mean we are automatically divorced or I need to explicitly file for divorce?
14 ANSWERS
No, there is no such thing as an automatic divorce.
Answered on Mar 29th, 2013 at 5:45 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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You are legally married until you file for divorce and a court enters a final judgment. Your status cannot be changed from married to single less than six months and 1 day from the date the court has jurisdiction over the parties. If you both are in agreement on all issues you can file an uncontested divorce.
Answered on Mar 29th, 2013 at 5:44 AM
John Arthur Smitten
You have to get a legal decree of divorce otherwise you are not divorced.
Answered on Mar 27th, 2013 at 3:39 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need to file for divorce include a request for a hearing on child custody so you can see your child. If you have some time your support should be reduced.
Answered on Mar 27th, 2013 at 1:17 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, you have to get divorced.
Answered on Mar 27th, 2013 at 1:16 PM
Yes. You are married until a court says you are divorced
Answered on Mar 27th, 2013 at 12:34 PM
Dissolution is not automatic and you must file and dissolve your current marriage before you can enter into another one.
Answered on Mar 27th, 2013 at 12:34 PM
Yes. In California in order to be considered divorced you will have to file a Petition for Dissolution. Even though you have been separated for some time you would still need to file.
Answered on Mar 27th, 2013 at 10:17 AM
Even in ideal circumstances, you are several months off from exchanging vows with another. Your existing marriage has not dissolved through inaction by you and your spouse. You are still legally married. You need to end the existing marriage before launching your next marriage. In Oklahoma, and many other jurisdictions as well, after a final decree is entered ending the marriage, the parties are prohibited from marrying another party for a period of six months from the date the divorce was granted. The sole exception is for the two parties to decide they wish to marry each other again. It's not all that common, but it does happen.
Answered on Mar 27th, 2013 at 10:16 AM
Family Law Attorney serving Newbury Park, CA
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Tristan Tegroen, Attorneys at Law
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Yes. The mere fact of separation does not dissolve a marriage in California. This defines the date of separation though, that you will enter on your Petition.
Answered on Mar 27th, 2013 at 10:15 AM
1 Award
You need to file a Petition for Divorce and have the court render a Judgment of Divorce BEFORE you can get married.
Answered on Mar 27th, 2013 at 10:15 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are still married and cannot remarry without first being divorced. Engage an attorney.
Answered on Mar 27th, 2013 at 10:14 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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If there was a legal marriage, it continues until there is a divorce. I suggest you hire a lawyer.
Answered on Mar 27th, 2013 at 10:14 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You have to file for, and obtain, a divorce. It takes 6 months in the State of Michigan with a minor child. Most likely it will simply ratify what you have already been doing.. E.g. existing property division and existing child support.. Failure to file for and obtain a legal divorce before you remarry is illegal and makes you a bigamist.
Answered on Mar 27th, 2013 at 10:03 AM