How long does a couple need to be separated to be considered divorced? 34 Answers as of September 12, 2011

You are not divorced until the court says you're divorced. That means that unless you take appropriate affirmative action, you are never divorced. In terms of how long it will take you to get the court to sign a decree of divorce, the answer is: It depends. If all that the two of you have done so far is to physically separate, then, you would have to file a divorce case with the court. If you have an agreement on all issues, you would then have to prepare a proposed set of final papers that you would both sign off on. Finally, 90 days after the case was filed, you could ask the court to enter the final papers and sign the divorce decree. If, on the other hand, you have already gone through a formal "legal" separation, then, when you can be divorced will depend on when the decree of legal separation was entered. The statute says that any time more than 6 months after the entry of a decree of legal separation, it may be converted into a decree of divorce by a simple motion to the court. For example, if the court entered a decree of legal separation in your case on March 1, 2011, six months later is September 1, 2011. This means that any time after September 1, you could file a motion to convert the decree of legal separation into a decree of divorce.

If by "legally separated" you mean that a Colorado court entered a Decree of Legal Separation, either one of you can ask that court to convert the Legal Separation into a Dissolution of Marriage. It doesn't require consent by both parties, but someone has to ask the court to do it and the other person must be provided notice. There is no such thing as an "illegal" separation, so if there has never been a court action to establish a Legal Separation, you are simply "separated" but still married and need to go through the motions of a complete divorce. You will remain "legally married" until a court issues an order dissolving the marriage.

There exists no requirement for separation prior to filing for divorce in Michigan. You need to file a complaint and other paper work and pay a filing fee with the Circuit court where you reside to start the process. You should confer with an attorney to get more detailed information.

A divorce can only be obtained through court.

You will have to file for divorce to make it final.

There is no such thing as common law divorce. Accordingly you can remain separated as long as you want, you are still married. The only way to divorce is to file a petition for divorce, and get a judicial decree of divorce.

Under Georgia law, there is no such thing as a "legal separation"; so unless you received a legal separation from another state in which legal separation is valid, then you are not legally separated and you are still married. A separation does not "turn into" a divorce. You need to contact an attorney to prepare what will hopefully be uncontested divorce documents, sign them, file them with the court, and have a judge sign a final decree of divorce.

You will not ever be divorced by just the simple passage of time. You must file a summons and petition for divorce, exchange Schedule if Assets and Debts and Income and Expense Declaration with your spouse, wait six months and file a judgment that contains a fair and equitable division of community property and a Parenting Plan for any minor children.

You are not divorced under New Jersey law until a Judge signs a divorce judgment terminating the marriage.

You are not divorced unless and until a court enters a decree of divorce. The amount of time the parties are separated is irrelevant.

A legal separation requires a petition filed with the court for that relief and a judgment ordering that you are legally separated. If you have done nothing but cease living together, you are still married to one another. If you did formally file for legal separation and no judgment completing the action was perfected, then you might convert that to a divorce action and seek a final divorce judgement. Best to meet with a skilled family law attorney to explore your legal options.

There is no timeframe whereby a separation becomes a divorce. You must file paperwork in court to be considered divorced. At this point, you would be able to get a 'no fault' divorce even if your husband does not want to cooperate. You can speak with a clerk at the courthouse or a divorce attorney to get the specifics on what you need to file.

Nevada has no waiting periods. And no, you are physically, not legally, separated. You should consult with ualified family law counsel.

You will have to file for a divorce. There is no point that a legal separation becomes a divorce.

If you are "legally separated," meaning a Washington court has issued a decree of separation. Either one of you can convert that to a dissolution of marriage (divorce). It never happens automatically no matter how long you are separated.

There is no automatic divorce due to length of separation. You need to file the requisite court pleadings and get a court-ordered divorce decree.

You should retain a divorce attorney ASAP. One does not simply wake up divorced. One must file for a divorce and obtain a divorce decree in Georgia. Good luck.

No, in the State of Florida there is no specific time period of separation that creates a divorce. You must file a Petition for Dissolution of Marriage to initiate that process. You are not technically divorce until a Judge sign a Order dissolving your marriage.

You need to file for divorce and have a judge dissolve the marriage. It doesn't matter if you've been separated for 4 years or 24 years, you are still, technically, legally married.

Sit downI have a feeling you're not going to like the answer to this. If you've been living in Texas for those last four years, you are NOT "legally separated". Texas does not have such a status. Yes, we say that people "separate" when one moves out, but seriously, there is no such thing as that here. And it doesn't matter whether you go four years or forty, if you have not filed for divorce and gotten a court to sign a final divorce decree, you never WILL be divorced, and your husband is still just as much legally entitled to things like your retirement benefits as when you were living together. Possibly worse, you can potentially be held liable for debts he may incur. So, going ahead and filing for divorce might definitely something to consider.

In California, a legal separation does not magically turn into a divorce over time, simply by the lapse of time. If you want to get a judgment of dissolution, then one of the spouses needs to complete the steps with the court. One cannot answer what steps still need to be taken, as your question does not contain enough facts regarding what steps have already been completed. Best to call a local family law lawyer to assist. Good luck!

Separations NEVER turn into divorces. To get a divorce, you hire a lawyer, file for divorce, and go from there.

You are not "legally separated" unless you filed a petition for a legal separation, you are merely separated. You will not be divorced unless you file a petition for dissolution of marriage. Nothing will happen otherwise and you will remain married.

You are not "legally separated" unless you filed a Petition for Legal Separation and were granted a Decree of Legal Separation. Whether you are truly legally separated or just physically separated (living apart with no court orders), it will never "turn into a divorce" - you must file a Petition for Dissolution, proceed with the steps, and be granted a Decree of Dissolution.