charbust said:
I have been separated for over 20 yrs in CA. neither of us have ever filed for divorce. do i still have to file for divorce like everyone else, or are there any exceptions? children are grown. there's no disbute. how long does it take from filing to finish?
My response:
There is no law in the California Family Code that requires people to get a divorce - - except prior to remarriage. Save remarriage, you can stay married to your husband, and live apart, for the rest of your days.
Sideways to this issue, in California there is no such thing as an "automatic divorce" after a certain amount of time. How would the State know whether you're living with him in the state of Holy Matrimony, or not ? The only way to inform the State is to file for a divorce, and obtain a Decree of Divorce.
In your case, if both parties are in agreement, then a Decree of Divorce could be in your hot, little, hands within 3 to 4 months after filing. Of course, this depends upon how cooperative the other spouse is about the matter.
If it gets "sticky" for some reason, then it could take a lifetime.
IAAL
