How many years does a couple have to be separated to be considered divorced and legally able to remarry?

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How many years does a couple have to be separated to be considered divorced and legally able to remarry?

Asked on May 19, 2012 under Family Law, Virginia

Answers:

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

Answered 9 years ago | Contributor

You hail from the state of Virginia which has on its books a legal separation law, which allows parties to file for divorce once they have lived separate and apart for 1 year.  But the parties are not considered to be divorced after the one year.  You still have to file for divorce.  So if I understand your question correctly here you can not re marry until you file.  Good luck.


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