Q: I’ve been separated since 2006, are we still legally married or would I still have to file for a divorce living in pa.
A:
You are still legally married and will have to file for divorce; the good news is that because you have been separated for over one year, your spouse's consent will not be required to complete the divorce process.
In PA a 3301(d) (i.e., contested) divorce may be completed when the parties have been separated for at least one year. Although a divorce decree will not automatically be entered at the end of the one year period, the moving party is not required to obtain the other spouses signature to complete the 3301(d) divorce.
https://www.pafamilylawyers.com/Family-Laws-Overview/Divorce-Annulment.shtml
Lisa Marie Vari, Esquire
www.pafamilylawyers.com
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