If I have been separated from my ex-husband for 10 years now, do I need to go through all the usual legal process to be divorced?

I do not have a lot of money and want the easiest way to have this done.

Asked on September 4, 2012 under Family Law, New York


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can file for an uncontested divorce.  If you've been seperated for for 10 years, then there shouldn't be any issues.  If you still have contact with him, you may want to go in on it together and split the costs of the filing fees.  If you don't know where he's at, then you will need to have him served using an alternative form of service.  The only way to get the divorce is to go through the legal process.  However, if you don't have a lot of money, there are some legal aid organizations that will help for a reduced rate for simple, uncontested divorces.  Sometimes notices will be up at clerk's offices or the local library.  You can also research attorneys who do pro bono work or offer reduced fees for certain people... or lower fees for uncontested divorces.

You want to get the divorce because you don't want any if your ex's issues to fall on you.  Since you are still married, some of his creditors may try to come after you to collect his debts.  A final decree of divorce will cut off that risk.

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