If I was legally separated in NY state 18 years ago but never filed for divorce am I still married?

Business 3 views 5 answers
Legal separation was filed in court. I still am covered under his health insurance so I am assuming I'm still legally married. Correct?

Attorney Answers

5
Ira Treuhaft ·
If there was never a entry in the County Clerks office of a Divorce Judgement signed by a Judge then you are still married.
0 upvotes
Howard E. KnispelDivorce / Separation LawyerCommack, NY ·
A legal separation is not a divorce. It was only a grounds for divorce. Unless someone filed for the divorce you would still be married. And the filer would still have to serve the other party with a summons.
0 upvotes
Riley Perry ·
If you did not covert the Separation Agreement into a divorce and you have not received a signed Judgment of Divorce which was entered with the County Clerk where you live, then you are still legally married. You should consult an attorney if you are looking to convert the Separation into a divorce.
0 upvotes
Eric Dubinsky ·
You are still legally married. You are only considered legally separated. Unless either spouse files for a conversion or uncontested divorce, you will continue to only be legally separated. There are legal and tax consequences associated with that classification, as opposed to being divorced.
0 upvotes

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