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I am Separate my spouse last 4 years No Children Can I get Divorce


24-Nov-2025 (In Divorce Law)
Hi, I am separated from my spouse and living alone for the last 4 years. I now want to move on in life. Do I need to legally file for divorce, or is this situation considered as automatic divorce after long separation in India? I have heard that if a husband and wife are not living together for 2 years, it leads to automatic divorce in India. Is this true or false? Please advise me on how many years of separation is equal to divorce in India and whether my case qualifies.
Answers (5)

Answer #1
844 votes
There is NO automatic divorce in India, irrespective of years of separation. Your 4 years of separation do NOT make you automatically divorced. To move on legally and remarry, you must obtain a decree of divorce from the court. You can file if your spouse does not cooperate. Grounds you may use based on your facts: Desertion (must be 2 years continuous — you meet this) Cruelty Other valid grounds
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

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Answer #2
877 votes
No automatic divorce: Separation, no matter for how long, does not automatically dissolve a marriage in India. Legal process is required: You must file a divorce petition in a family court to legally end the marriage. Separation as a ground for divorce: Your four-year separation can be a strong ground for divorce. For a mutual divorce, if both parties agree, you can file after being separated for one year, as you have been for four years. For a contested divorce, long separation (like yours) is a recognized ground.
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Advocate Dhruv. K

Adv. Dhruv. K

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Answer #3
944 votes
There is no procedure or concept of automatic divorce in India, you have to approach the court for any relief and you have to establish the 2 years of separation, your opposite party may agree or contest the case of divorce .
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Advocate Hanumesh H N

Adv. Hanumesh H N

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Answer #4
815 votes
you need to file a petition through lawyer and give evidence related to seperation and other cruelty caused. after appreciation of evidence court will grant divorce. it is not automatic divorce it has to go through procedure.
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Advocate Swarnarka Chowdhury

Adv. Swarnarka Chowdhury

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Answer #5
865 votes
what you had about husband and wife getting automatic divorce if they leave apart for 2 years he is not a true. the living apart from one another should not be far natural reasons like having a different work place- having been transferred etcy but it should be dessertion. so unless you get a divorce degree from court you will remain married to your existing spouse.
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Advocate S.K Prabhakar Shetty

Adv. S.K Prabhakar Shetty

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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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