If you have been separated for the last 20 year due to criminal convictions that your spouse got, is this considered a divorce?

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If you have been separated for the last 20 year due to criminal convictions that your spouse got, is this considered a divorce?

And could both parties remarry without filing for a divorce? My spouse got 10-20 years.

Asked on July 2, 2015 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, unfortunately not.   You are going to have to actually file for divorce from your spouse.  If he is still incarcerated then it will be easy to find him for serving the summons and complaint.  If he consents to the divorce then perhaps you can do an uncontested divorce which cuts down on expense.  Good luck. 


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