Automatic divorce after long separation?

Discussion in 'Divorce, Separation, Annulment' started by misc, May 8, 2005.

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  1. misc

    misc Law Topic Starter New Member

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    Hi,

    I've researched this quite a lot without finding anything on my own. I'd appreciate any pointers to information on the subject.

    In general, what I'm trying to learn is whether long-term separation leads to automatic legal divorce as a general rule. For example, if a couple is separated for 10 years, but never files for divorce formally, are they still married? Would they ever be legally divorced if no one files for divorce (15 years, 20 years, etc)?

    I understand that this may vary by state, but I'd like a generalized answer first. Then, information for the State of Florida second.

    Thanks in advance for any help.
     
  2. Duranie

    Duranie Moderator

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    No, you are NOT automatically divorced, in any state. One of you need to file and you both need to sign the papers. If one spouse cannot be located then there is a process to serve a missing spouse (ad in paper, etc).
     
  3. misc

    misc Law Topic Starter New Member

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    Duranie,

    Thanks for the reply. Can you give me some type of reference for your answer. I'd like to get some additional information on this point, something to back it up.

    Thanks,

    Misc
     
  4. Duranie

    Duranie Moderator

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    If people were divorced without doing anything, that wound be confusing and not legal. There would be a rash of divorces people would not even know about. You can try posting on lawyers.com where a lawyer could explain it to you better.

    There is a default divorce clause where one spouse is served and refused to sign or acknowledge anything, then after a period of time the divorce can be process without the others signature, but that would entail somebody at least filing and serving the papers.
     
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