If I have been legally seperated for 8 years am I divorced?

Can I remarry now? Filed for separation 9 years ago and haven’t seen my husband since. When I recently was able to find him, I found out that he has been re-married for 5 years.

Asked on July 11, 2012 under Family Law, Tennessee


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A separation - even a legal separation - does not mean you are legally divorced unless you convert the separation to a divorce as per state law or file for divorce if state law does not allow what is known as a conversion divorce. If he remarried it may be possible that he did convert the separation to a divorce already.  I would double check with him and ask for a copy of the paperwork.  Otherwise, he is not legally married and you and he are still legally married.  Good luck.

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