Is it possible to get a divorce with no legal separation? 22 Answers as of August 31, 2015

My husband wants to divorce me. We have not been separated or legally separated. Is this something that he can still do?

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James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
In Michigan is not necessary to be separated.
Answer Applies to: Michigan
Replied: 5/22/2015
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Yes, a legal separate was never a prerequisite to a divorce. Now, with irretrievable breakdown, fault isn't necessary either.
Answer Applies to: New York
Replied: 5/20/2015
The Palme Law Firm, P.A. | Steve Palme
No. You must live separate and apart for 1 year and 1 day before you can file for divorce. If you misrepresent the term of your separation in a divorce complaint in order to get it done faster, it is fraud and is punishable by contempt. Contempt punishment can include jail time, fines, and other sanctions.
Answer Applies to: North Carolina
Replied: 5/20/2015
Law Office of Martin A. Kahan | Martin A. Kahan
A divorce can be filed even if the parties are still living together.
Answer Applies to: California
Replied: 5/20/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
The very formulation of an intention, preferably objectively communicated, to separate the hearts is a separation for purposes of divorce.
Answer Applies to: California
Replied: 5/20/2015
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    You can get a divorce without a legal separation. He would have to file a petition to get it started.
    Answer Applies to: New York
    Replied: 5/19/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Yes, I do believe he can get a divorce and not yet be separated. You might want to consider asking the Judge to force him to move out within a few weeks. The faster you get an attorney the better it will be for you. Good luck.
    Answer Applies to: Florida
    Replied: 5/19/2015
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Yes - this is something he can do. There is no such thing as a legal separation in Georgia. There is no requirement that the parties must be separated for any length of time before a divorce petition is filed.
    Answer Applies to: Georgia
    Replied: 5/19/2015
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Yes. You don't need to be legally separated or living separate to get divorced.
    Answer Applies to: Wisconsin
    Replied: 5/19/2015
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    Yes, anyone may choose to either start divorce proceedings or legal separation proceedings at any time.
    Answer Applies to: California
    Replied: 5/19/2015
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