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.
As it sounds like you already now, it does not matter how long you are separated from your spouse you need to file for divorce in order to be divorced. That being said, after being separated for so long, some elements of the divorce will be easier (the financial aspect, the fact that you both want to get divorced) but if yours is a situation that has complicated finances, children, or alimony then it could still take some time.
When being separated, is it a bad thing to talk on the phone or even go places together? Whether you are sure to stay separated or not.
Your spouse can contest the divorce at any point that they want to. They cannot force you to stay married to them so it only drags it out if they contest it.
You should seek legal advice and file divorce papers against her. Your lawyer will draw up papers stating why you are filing for divorce. In most States a divorce would be granted for several reasons, one being 'alienation.'
Yes and no. You should do everything you can to try to locate the spouse you are trying to get a divorce from. But if you cannot find him or her then you can still get a divorce. Known as a default divorce, the court will grant the divorce once you should that service was not possible. You should not wait or assume that it is not possible without the other spouse because that is simply not the case.
It depends on the crime, where you were when your spouse did whatever he/she did, and whether you have an allabi. GET A LAWYER
In situations where a spouse cannot be located or being unresponsive during the divorce process (common when one spouse does not want to go through with the proceeding) you can still get divorced. Attempt to reach your spouse in order to serve the appropriate papers and when the court is satisfied that the service was not possible a default divorce entry will be entered against your spouse.
Legally separated generally means you are still legally married but living apart. In the eyes of the law, adultery can still occur during a legal separation because the marriage is still legally recognized. It is advisable to check the specific laws in your jurisdiction.
Not exactly. Being unfaithful is grounds for divorce, and if they divorce you then you could lose it.
Separated? -- NO. Divorced? -- Depends. Depends if it's a 'scriptural' divorce or not. And then the 'scriptural' divorce needs to be legally handled; before any other dating or courtship can resume .
You can't. You can only prevent any children from being moved.