If my husband and I have been separated for 25 years, are we still married in the eyes of the law?

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If my husband and I have been separated for 25 years, are we still married in the eyes of the law?

I was married at the age of 18. We split 2 years later but never divorced. I moved out of state. We each went on with our lives in separate states not knowing each other’s whereabouts or life circumstances. After more than 20 years, our nearly 25 year old daughter recently located him. He had gone on to have a family and 2 more children with the teenager he left me for. He never married her or divorced me for that matter. I’m engaged now and would like to finally proceed with a divorce, if it’s necessary. Does the law even consider us as married after nearly 25 years?

Asked on January 17, 2012 under Family Law, Illinois

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

If the marriage was valid to begin with, then yes it is still valid and you must file for a divorce to terminate.


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