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My husband and I have been separated for 10 years are we considered leagally separated?

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Not unless your separation was done by filing a Petition for Legal Separation and a Judgment was then entered by the court.

If that was not the case (you and he just split your assets, debts and lived apart) then you are merely separated, not LEGALLY separated.

You can still do a Legal Separation (or a divorce, depending on what you desire to do) by filing the proper documents with the appropriate court; most likely the date of separation (required to be put on your documents) will be the date that you and he split up 10 years ago.

In California, the same documents are used for a Legal Separation and a Dissolution, there are just different areas that get filled out depending on which you have chosen to file. It may be similar in your state; if you have questions regarding your legal rights and responsibilities you should see an attorney for legal advice.

Turn off the television and teach your children how to think. ~ Believe none of what you hear and half of what you see. (B. Franklin) ~ I do not respond in Comments ~ Trespassers will be eaten. Cowards, idiots and spammers will be shot on sight. ~ YeddaHeads

Got high regards on you jkgrandma.  I love your advices; they make a lot of sense. With regards to this case,  you are right. And to add more,  as far as I have known a little about this case,  in my country, when you are separated for 7 years and with no communication at all whatsoever,  then this will be a heavy factor, too, to facilitate the fast grant of either the Legal separation or the Divorce (whichever is applicable in your country).  If this is true to the 7 yrs then how much more with the 10 years of being separated.

It doesn't generally make a difference, here.

For instance, in California a divorce (or a legal separation) is usually final 6 months and 1 day from the day the Respondent has been served with the initial paperwork (as long as all the necessary documents have been completed and filed with court and a Judgment has been entered).

The length of time the couple was separated has nothing to do with it - that's because many couples choose not to divorce for personal reasons (including religious reasons or maintenance of health insurance for the responding party).

Particular rules may be slightly different in other states; I live in California so I'm familiar with their rules.

Meanwhile, thank you for the compliment. I'm glad you appreciate my replies and/or advice.

Turn off the television and teach your children how to think. ~ Believe none of what you hear and half of what you see. (B. Franklin) ~ I do not respond in Comments ~ Trespassers will be eaten. Cowards, idiots and spammers will be shot on sight. ~ YeddaHeads

i think two years it is ^^^^^^^^^^^^^^^ http://www.ectrade365.com

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