Divorce Grounds

Is there such a thing as commom law divorce?

My parents have been seperated for 8 + years. They haven't spoken since and legally are still married. They do have seperation papers which each of them have a copy of. Is there such a law that says that if you're seperated for a certain number of years, you're actually divorced, by law? My mom is curious.... Thanks

Public Comments

1. No. you have to file legal paperwork
2. as far as I know until you have a final divorce decree you are still legally married
3. Not that I've ever heard of in the USA.. You need to file papers in court for a divorce. Only when the Judge grants the divorce, are you free to remarry etc.. Get an attorney for all the particulars if mom is leaning on divorce now..
4. No there is no such thing. They must go through with a formal divorce procedure.
5. No. Legal seperation, which they have, and a divorce are two different things. She can file for divorce on her own at the court house, and in many cases, there are actual "Self Help" centers either on site at the court, or locally in your community that are either free or low cost. When she files, she will have to have him "served" which costs (unless she can get his signature on her own with his willingness). And she will have to file with the court (which costs, somewhere around $100). Paralegals are a great resource, as they can draw up the documents for much, much, MUCH less than a lawyer and she can do the leg work. Good luck. There may not be a reason to get divorced, actually. If the marriage passes the 10 year mark, she's able to claim part of his social security when he gets it....and check this out....EVEN TRUE IF HE GETS REMARRIED AFTER THE TEN YEAR MARK!!! Pretty cool. So you know, tell her to relax for a couple of years, unless she's dying to remarry, and most divorced people aren't.