Are we considered legally divorced after 13 years of separation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are we considered legally divorced after 13 years of separation?
No separation papers were ever signed. Can I legally get my maiden name back?
Asked on April 14, 2012 under Family Law, New York
Answers:
Richard Southard / Law Office of Richard Southard
Answered 12 years ago | Contributor
No. A marraige doesn't simply disappear because it is ignored. ONly a judge's decree of divorce or dissolution will end the marriage. New York has now joined the rest of the country in allowing no-fault divorces, so the process is much easier. One of the stipulations in the divorce will be that you can resume use of your maiden name.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, unfortuantely you are not. You are in fct considered to be legally married for the last 13 years. You need to file for divorce or dissolution of the marriage and you need to make sure that you filed other legal papers properly in the last 13 years ( like txes, etc.). You can surely take your maiden name back when you get divorced and that should be part of the language in the paperwork. 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.