Separated since 8 years, can it be considered as divorced4

229 votes

There is no concept of automatic divorce after a long separation. If you are legally married and wish to formally end your marriage, it is generally advisable to obtain a divorce decree from the court. Simply living separately for an extended period of time does not automatically grant you a legal divorce.

To legally end your marriage, you would need to file a petition for divorce in the appropriate family court. The grounds for divorce in India are specified in the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and other personal laws applicable to different religions. These grounds may include cruelty, desertion, adultery, or irretrievable breakdown of marriage, among others. Divorce involves legal formalities and may have implications on various aspects, such as child custody, visitation rights, property division, and financial support. You can move on in your life and settle down with another person only if you are legally divorced from your current spouse. 

LawRato LawRato

924 votes

No it can't be as divorce on its own . You have to file a divorce petition in the family court of the concerned district from where you can get divorce mutually if your husband is ready and under 13a if he is not willing to give you a divorce . 7 years separation is very good for divorce in itself and as you say , you are living with your son as well then there should not be any problem to get his custody.

Advocate Amit Sharma LawRato

578 votes

Hello living separately from you husband will not be treated as divorce. Legally you are still married and only living separately. If you want to enter into another marriage you must obtain decree of divorce for dissolution of marriage.

Advocate Ranbir Singh LawRato

515 votes

See only remaining separate will not itself result in divorce. if you want proper divorce then you have to apply to the court for taking divorce. so if you want to remarry then you must have get divorce from your earlier husband otherwise it will amount to bigamy and if this fact comes in your previous husbands knowledge can file complaint against you in court of law and that can lead to your conviction. Sweta file a case for divorce in court and take divorce and then you can move ahead in your life. however your free to live in live in relationship.

Advocate Arpit Gupta LawRato

332 votes

In India, separation for an extended period does not automatically lead to divorce. However, the concept of "divorce by mutual consent" does exist and can be initiated by both parties after living separately for at least one year. Here's what you need to know:

1. Mutual Consent Divorce: If both spouses have been living separately for at least one year and mutually agree to divorce, they can file for a mutual consent divorce. This process involves jointly filing a divorce petition with the court, stating that they have been living separately for a year and have decided to end their marriage. After this, they must wait for a minimum of six months but not exceeding eighteen months for the court to grant the divorce decree.
2. Contested Divorce: If one spouse wants a divorce, but the other does not agree or contests it, the process can be more complex and time-consuming. Grounds for divorce, such as cruelty, desertion, adultery, etc., will need to be established before the court. The separation period may be a factor considered by the court, but it doesn't automatically lead to divorce.
3. Consult a Lawyer: If you have been separated for an extended period and wish to explore divorce options, it's advisable to consult a family lawyer. They can guide you through the legal process based on your specific circumstances.

Advocate Chikirsha Mohanty LawRato

282 votes

In India, there is no such thing as an automatic divorce. Even if a couple has lived apart for two years or longer, divorce is only possible through the court. In India, the only way to get an automatic divorce is when the marriage has been annulled. If the marriage is declared null and non-existent.

Advocate Chikirsha Mohanty LawRato