Is there a certain amount of time you have to be separated from your spouse to be considered legally divorced without going to court? 21 Answers as of April 03, 2013

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McGuire Law Offices | John Smitten
You are not divorced until there is a court order, you have to file a case with the court.
Answer Applies to: Florida
Replied: 4/3/2013
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
You must go to court to get a Divorce.
Answer Applies to: Georgia
Replied: 4/3/2013
Shur Law Co., LPA
Shur Law Co., LPA | Tonya VanBenschoten
No. You need to go to court.
Answer Applies to: Ohio
Replied: 4/2/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
No. You have to go to court to get divorced.
Answer Applies to: Idaho
Replied: 4/2/2013
Law Offices of Frances Headley | Frances Headley
Separation alone will not terminate your marriage, you must file a dissolution action to do that. You should consult a family law attorney or facilitator to assist you with the forms to get started.
Answer Applies to: California
Replied: 4/2/2013
    Ankerholz and Smith
    Ankerholz and Smith | Rian F. Ankerholz
    In Kansas, you will never become divorced just because you were separated for a certain length of time. There is no requirement that parties even be separated before a divorce can be granted.A divorce cannot be granted in Kansas until 60 days after the divorce case is filed.
    Answer Applies to: Kansas
    Replied: 4/2/2013
    Law Offices of Jayson A. Soobitsky, P.A. | Jayson A. Soobitsky
    Not in Maryland. Only a Judge can grant a divorce after the filing of a Complaint for Absolute Divorce, proper service upon the opposing party, and either an Answer being filed by the opposing party, or a default being entered, and a hearing.
    Answer Applies to: Maryland
    Replied: 4/2/2013
    Danville Law Group | Scott Jordan
    No. You have to file a petition for divorce and obtain a Judge's signature declaring you divorced. Otherwise, you are simply separated.
    Answer Applies to: California
    Replied: 4/2/2013
    The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
    In order to be divorced or legally separated you must have an order from a court with jurisdiction. If there is no such order then you remain legally married to your spouse.
    Answer Applies to: Arizona
    Replied: 4/2/2013
    Fran Brochstein
    Fran Brochstein | Fran Brochstein
    In the State of Texas if you had a marriage ceremony or signed an Acknowledgement of Common Law Marriage, then you need a divorce. There is no divorce without a judge signing a Final Decree of Divorce. If It is a common law marriage, then it is different. You need to talk to a family law attorney in Texas about common law marriage and divorce laws. They are complicated.
    Answer Applies to: Texas
    Replied: 4/2/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    No
    Answer Applies to: Wisconsin
    Replied: 4/2/2013
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    Under Texas law you are either married or not. Separation does not give you a divorce, only a court order grants a divorce. If there was no formal marriage (common law marriage or informal marriage) then the rules a different. If the parties separate and there is no suit for divorce filed within a certain period of time, there is a presumption that there was no informal marriage. I suggest you hire a lawyer to discuss the facts of your case.
    Answer Applies to: Texas
    Replied: 4/2/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    No. There is no such thing as a legal divorce without action by the court.
    Answer Applies to: New York
    Replied: 4/2/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Marriage, unless dissolved in court, ends at the death of one of the parties.
    Answer Applies to: Michigan
    Replied: 4/2/2013
    Haskell Law Firm | Lori Haskell
    You have to go to have a court action to be legally divorced. Just being separated doesn't automatically divorce you.
    Answer Applies to: Michigan
    Replied: 4/2/2013
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