If we have been married for 10 years but have been not together for 8 of them, can I state separated on legal forms even though we are not legally separated from a court order?

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If we have been married for 10 years but have been not together for 8 of them, can I state separated on legal forms even though we are not legally separated from a court order?

Divorces are expensive so neither of us have been able to do that.

Asked on September 5, 2015 under Family Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can claim separated on legal forms because separation can occur with or without court proceedings.
If you are separated with no intent to reunite, you are separated without legal adjudication.  Since you and your spouse have been separated for eight years, this would be indicative of no intent to reunite.


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