Can a Separated Woman Marry Again?



Just today, a friend of mine sent me a message on whether his friend could marry a woman who is separated from her husband for 20 years.

The woman is married.  This fact remains whether she was separated from her husband for 20 years.  Separation, be it legal or not, does not severe the marriage knot.

Legal separation does not entitle any spouse to get married anew.  He/She is only separated from the board and lodging from his/her spouse.  The fact of their marriage is not erased.

Moreso, if the couple is only separated in fact.  No matter how long the couple is separated from each other, their marriage remains.

To marry the woman in this situation, the former marriage must have been annulled or declared null and void as the case may be.

If the whereabouts of the husband cannot be known despite the effort of the wife, the latter may simply file a petition for presumptive death of the former in the proper court.  Once her husband is presumptively declared as dead, she is now free to marry again.

Note: The image featured herein is taken from www.sandiegodivorceattorneysblog.com

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