Is this marriage abandonment?

[xtremetango]

My (ex) wife and I have lived apart as a divorced couple for more than 20 years although we never finished legal proceedings. We have filed our taxes this way, have titled ourselves this way. We haven't seen each other in 4 or 5 years, I'm not even sure exactly where she lives now. We have no property between us and the two children are both in their mid-late twenties.

I want to re-marry someone else. Is this first marriage considered "abandoned", or do I still need to go through a divorce?
If so, how long under these circumstances would I normally wait? This is in New York State, we were married in CT.

 

[seniorjudge]

You need to file the lawsuit for dissolution of marriage as soon as possible. You are still married.

 

[Duranie]

You never divorced so you are still married and need to file for divorce.

NY is a pain in the rear to get divorced in. It is not bo fault and you have to have grounds. You are going to have to probably list a public notice in the paper to look for your wife.

I would see an attorney. You have been legally married all these years so she still could have claim on your retirement. This could get ugly.