20 year old separation agreement


#1

I was legally separated 20 years ago. I Have the registered document. I always thought I had to file something else to officially get divorced and never pursued it. My ex-husband just got remarried under the assumption that after all these years we are automatically divorced. I think he may be wrong. I don’t have any type of divorce decree. Thanks


#2

Not a lawyer

If your husband and you never took the last steps, you are still married and his new wife is not married to him. Best of luck.


#3

If you never obtained a divorce decree, then you are still married. The length of your separation has no bearing on whether you are divorced or not.

The only marriage in North Carolina that is considered automatically void by operation of law is a bigamous marriage, which is a marriage entered into by someone who is already married. Since the law dictates that a person may only be married to one spouse at a time, a second or subsequent marriage is not recognized and is automatically invalid in North Carolina. Thus, your husband’s new marriage is not valid.


#4

Thank you Lindsey. That’s what I thought.