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.
Get a divorce
Even if you are living a separate life from your wife for four years , you will have to give her the money to live. Even if it is Texas state. So it is always better to get a divorce as soon as possible, with all the details in black and white.
Yes the law allows you to divorce your spouse legally if you are separated from your spouse for a period of five years.
You must have been married 10 years.
Yes as he has not bothered to contact you in the past three years , you can very well divorce him, he might be dead even and life goes on.
It would not be "automatic" but the petitioning spouse can receive a divorce under the state default laws. He or she will need to prove to the court that they have made every attempt possible to locate the absentee spouse before the divorce will be granted.
Sure
You have to have been married to him/her for 10 years or more before the divorce.
The U.S. grants a married immigrant conditional permanent residence status for two years. At the time of the divorce if the two years has not past the spouse is deported after the divorce proceedings.
You can file for divorce through the court in your jurisdiction even if your spouse has been deported. The court may require you to show proof of attempts to notify your spouse about the divorce proceedings. You may also be able to seek child support independently through the appropriate legal channels.
You can get half of your spouse's retirement and 401K as it stands at the time of the divorce. You cannot get anything accrues after the divorce.
If you have been legally separated for nine years but your spouse does not want to give you a divorce, it is importance to see the divorce attorneys. The divorce attorney will be able to provide the much needed legal health.