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 6 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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