Can my husband and I be separated indefinitely?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my husband and I be separated indefinitely?
I left my husband a couple of years ago and moved out of state (I’m in IL now but married in MA). It was somewhat mutual but we didn’t want to file for divorce – we just wanted time apart. It wasn’t a legal separation, just a verbal. Can we remain separated indefinitely or do we eventually have to divorce or arrange some other legal situation? We haven’t talked in a long time and I’m not on his health care or anything or vice versa, but I wondered if leaving the marriage constituted abandonment or something like that.
Asked on November 12, 2010 under Family Law, Massachusetts
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Illinois is one of the states that has maintained all their "fault based" grounds for divorce (like willful desert ion or as you call it: abandonment) while adding "no fault" grounds (like irreconcilable differences). Willful desertion or absence from the petitioner (that would be your husband) for one year is a ground for divorce. You can live in your limbo state forever but I would not really recommend it. Even though you fel that you are no longer connected - health insurance plan is an example - you are legally. And so if you buy a house - even if it is on your name only - that could still be marital property as the money you are earning is still marital property. See? You need to seek legal counsel in your area on your options here. The results of living like this can be far reaching. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.