My fiancee has been separated from his spouse who now lives in a foreign country for over 40 years. Is their marriage still legally valid in New York State?

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My fiancee has been separated from his spouse who now lives in a foreign country for over 40 years. Is their marriage still legally valid in New York State?

My fiancee has been separated from his spouse who now lives in a foreign country
for over 40 years. Is their marriage still legally valid in New York State?

Asked on July 21, 2017 under Family Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Uness and until there is a formal divorce, no matter how long the separation a marriage is still legally valid. Accordingly, your fiancee is not now legally free to marry. Once he obtains a divorce, you can then go ahead with your marriage.


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