is there a time limit on ending a marriage if living apart for over 7 years?

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is there a time limit on ending a marriage if living apart for over 7 years?

Having been seperated for over 7 years from my wife (Canadian with Green Card, not a Citizen) and living in seperate homes over this time period. Met with lawyers and drew up papers (each of us had seperate lawyers, but due to cost of both legal fees we never proceeded with Divorce papers or Judgement by a court. I have continued to pay for all her expenses over this period (7 + years) and we file joint tax returns. Question: Is there a time limit when this marriage is considered null and void? Two kids in College (18 & 21) and I am paying all their expenses also.

Asked on June 28, 2009 under Family Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A marriage doesn't expire from the passage of time, even if you and your wife have a marital separation agreement (whatever it might be named).  By the same token, in most cases competent attorneys draw up agreements of this sort so that your duty to pay her expenses is very specifically limited, and the agreement is binding as a contract between you and your wife, even if you don't get a divorce.  To have your marriage come to an end, you have to go to court and get the piece of paper.

One place to find a lawyer who can get your divorce finalized is our website, www.attorneypages.com


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