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No. Divorce is a court process so if you have not gone through the motions of filing papers, etc then you are separated, not divorced. Spouses who are legally separated are not free to marry since neither has been returned to the legal status of an unmarried person. The duration of time will have a bearing on community assets when you seek a divorce (i.e. the money and assets you have collected during the 9 years may not be considered separate) but you should file for divorce if that is what you are wanting.

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