Best Answer

All is needed is to submit a motion for default against the non-responding spouse in the court where the original divorce petition was filed. Once the motion has been filed the spouse will be served with a summons stating that the divorce has been granted on the grounds of their failure to respond to the original dissolution of marriage summons. When a default order has been issued the spouse loses the right to contest any of the terms contained in the original petition.

User Avatar

Wiki User

โˆ™ 2005-10-28 16:45:15
This answer is:
User Avatar
Study guides
See all Study Guides
Create a Study Guide
More answers
User Avatar

Wiki User

โˆ™ 2015-11-04 17:45:16

Filing for a legal separation would not benefit you at all. You would still be legally married. Most states in the US do not recognize separations any more because a couple remains legally married under a separation. You need to file for a divorce. The legal divorce will take effect on the day the judgment is granted. Your wife does not have to consent to the divorce. Until you are legally divorced you each remain the legal spouse of the other and by that legal relationship one will be first to inherit property when the first spouse dies.

User Avatar

Add your answer:

Earn +20 pts
Q: If you have been separated from your wife for 10 years and she has ignored divorce papers can you file for a legal separation including the 10 years and what benefits would this have?
Write your answer...
Related questions

Does time of separation affect a divorce?

Legal Separation and Divorce are two different entities. The amount of time that you are legally separated from your spouse does not necessarily affect the divorce proceeding in the sense that you are not divorced after a certain amount of time being separated but it can help with the separation of assets. By this I mean that during the time you are legally separated that is when the economic community ends.

In Georgia how long do you have to be separated before filing for divorce?

GA doesn't have a required separation period to file for divorce.

Statute of limitations for separation?

Each state has a different statute of limitations for separation for a divorce. In New York state you must be separated for one year before a divorce.

If you are legally separated for more than five years in California can you get married?

No, you need to get a divorce. Separation is NOT a divorce and the time you are separated has NOTHING to do with it.

How long do you have to be separated before you can file for divorce in North Carolina?

For a no-fault divorce, the required separation period is one year.

I have a Legal separation now I want a divorce?

Legal separation is to the same thing as divorce and is not always a prerequisite to a obtaining a dissolution of marriage (i.e. divorce). Although many of the issues (such as alimony, child support, etc) that would traditionally be dealt with in a divorce were done in your legal separation, you still need to go through the divorce process, starting with filing for divorce. At no point, no matter how long you have been separated, will a legal separation turn into a divorce.

How do you divorce your ex wife after a 11 year separation?

The same way you would if you just separated....hire an attorney and file for divorce.

Do you have to be separated to get a divorce in Mississippi?

According to Missouri divorce laws; you may request a no-fault divorce. All that is required is the statement of an irretrievable breakdown of the marriage. There is no mention of a mandatory separation prior to filing. You will have to be separated for a year.

How long does a spouse have to be separated in virgina before a divorce is automatic?

In the US, a divorce is never "automatic". You have to file for divorce. However, in order to obtain a no-fault divorce in VA you must have been separated for 1 year, OR 6 months if there are no minor children and you have a separation agreement.

How long do you have to be separated in Oklahoma before you can file for divorce?

There is no minimum time requirement for separation before a divorce. Legal residents of the state of Oklahoma can file for a divorce at any time.

What paperwork is needed for a divorce?

In order to file for a divorce, you have to be legally separated. You can file these papers on your own or hire an attorney. After a legal separation and a time period, you can then file for divorce or dissolution.

What does it mean to be legally separated?

Similar to divorce. I don't understand the purpose, but in some states, you can file for separation.

How long can your be separated before it mean your divorced?

There is no length of time that a separation turns into a divorce. You are legally married until you obtain a divorce through the courts.There is no length of time that a separation turns into a divorce. You are legally married until you obtain a divorce through the courts.There is no length of time that a separation turns into a divorce. You are legally married until you obtain a divorce through the courts.There is no length of time that a separation turns into a divorce. You are legally married until you obtain a divorce through the courts.

How long does a spouse have to be separated before getting a divorce in Florida?

Florida law does not require a separation period before obtaining a divorce. Perhaps you are referring to the Marital Separation Agreement, which is the process of distribution of joint property/assets.

Do you have to have legal separation papers before you can file for divorce or just have lived separately for one year?

The answer varies by jurisdiction; however, you do not have to be legally separated to file for divorce.

What is the meaning of separation?

The act of separating, or the state of being separated, or separate., Chemical analysis., Divorce., The operation of removing water from steam.

How long after being separated in the state of GA before you are considered divorced?

You must obtain a divorce through the courts. No amount of separation will ever constitute a legal divorce.

How do you get a married couple separated?

If they were mutually interested in a separation, you could ask them to file for a divorce. I am in a serious affair with a married guy and i want him to get separated to his wife.

In Nevada how long if your separated are you legally divorced?

Separation and divorce are two different things. The only way you will ever be legally divorced is to file for and be granted legal divorce - period.

How long do you have to be separated from your spouse to consider it legal ?

Legal separation can last forever, it is basically the last option before divorce. It is issued by a court order and either one of the spouses can change their mind and remove the legal separtion or continue with divorce. Legal separation is basicaly the last alternative before divorce, It gives spouses a chance to solve marital problems, take advanctage of medical benefits that they may not have if they were divorced, if religious beliefs conflict with divorce you are able to live separately and retain your marital status, etc....

How long should you wait for a man to get divorced if he separated?

Ask him to see the separation and divorce documents issued by the court. If he refuses then he's lying to you. If he is separated then he can file for divorce at anytime and he's giving you a long string of excuses. Time to leave this guy.

How long after separation can you get a divorce in Barbados?

You can apply for divorce in Barbados after one year of separation.

How long are you separated before legally divorced in NJ?

The state of New Jersey is a no-fault divorce state. While there is no specific separation period required for a divorce in this state you must still go through with a legal divorce proceeding before a divorce is official.

Should you file for separation before filing for divorce?

Yes you should have a separation agreement. In most states you must be separated for one year to file for divorce. If you have a separation agreement with your ex which has been notorized and dated, it will make it easier to prove you have been separated for a year. Separation agreements also help in dividing up property if you both agree on what each will get. If you want a quickie divorce it only takes 30 days in some states. Also beware some lawyers will tell you that if you both agree to say that you have been separated for a year and backdate the paperwork,then you can get a divorce immediately. This is a common occurance but be warned if you are not on good terms with your ex, it could come back to bite you! * There are 12 states which require a couple to separate for a specified length of time before filing for divorce. The issue of filing for a dissolution of marriage and the time the divorce is final is often confused with the act of a required separation before a divorce can be filed. In states that require the couple to reside separately before the filing it generally pertains to the interlocutory in relation to a "no-fault" divorce.

How long do you have to be separated before in Florida before you can divorce?

There is no legal separation in Florida and you may file for divorce, called dissolution in Florida, at anytime so long as you have been a resident for 6 months.