Last Updated on: 23rd June 2025, 12:15 am
Divorce After 10 Years Separation: Your Legal Rights and Options
If you have been separated for an extended period of time, you may wonder what your rights are at this juncture. You may wonder whether you can now proceed with a divorce after being separated for 10 years.
One type of separation is informal. An informal separation, there is no court order governing the terms and conditions of the separation. At best, there is a written agreement between you and your spouse. If you have been involved in an informal separation, there is nothing at all the prohibits you from seeking a divorce. You need to file the appropriate paperwork to commence divorce proceedings. You are best served retaining the services of a skilled, experienced divorce attorney to assist you in pursuing a divorce case following an extended period of separation.
Understanding Legal Separation Options
If you have had a legal separation for a decade, you can also pursue a divorce case. California law allows individuals to convert a legal separation into a divorce, either during the process of obtaining the legal separation or after the legal separation has been finalized. There are two possible options available to you, depending on the laws in your state.
- Conversion Option: In some states, you can convert your existing legal separation case into a divorce proceeding. That requires the filing of specific documents with the court in order to undertake the conversion of the case from a legal separation to one for divorce.
- New Filing Requirement: In other states, you cannot simply convert an existing legal separation case into a divorce proceeding. Rather, you need to file a divorce case.
As is the case with an informal separation, our Spodek Law Group attorneys recommend retaining legal representation for undertaking a divorce after a term of legal separation.
State-Specific Requirements for Separation
A few states have legal separation laws that include a specific term during which a legal separation order remains in place. When the term expires, the parties to a legal separation must then either proceed with a divorce case, or the legal separation case itself comes to a conclusion. An example of the timeframe associated with this type of legal separation is two years. Unlike some other states, North Carolina only allows for no-fault divorce, which requires at least one year of separation.
Marriage Termination Process After Extended Separation
If you have had a legal separation in place for a decade, the only step left may be terminating the marriage itself. Odds are other issues related to your marriage likely were dealt with earlier during the legal separation proceedings. Oftentimes, this will make a subsequent divorce case easier to conclude.
| Separation Type | Key Considerations | Next Steps |
| Informal Separation | There is no court order governing the terms and conditions of the separation | You need to file the appropriate paperwork to commence divorce proceedings |
| Legal Separation | If you have had a legal separation for a decade, you can also pursue a divorce case | In some states, you can convert your existing legal separation case into a divorce proceeding |
| Limited Term Separation | When the term expires, the parties to a legal separation must then either proceed with a divorce case, or the legal separation case itself comes to a conclusion | You must have the correct paperwork in order to proceed with a divorce following an extended term legally separated |
With that said, you nevertheless must have the correct paperwork in order to proceed with a divorce following an extended term legally separated. Your best alternative is to seek legal representation to ensure that you do have the proper paperwork necessary to properly initiate and then pursue a final divorce case.
Essential Steps for Filing Divorce After Long-Term Separation
Divorce at this point is important, but it’s not always what you might expect. Most states also have laws on annulments. An annulment is like a divorce in that it ends a marriage. But, with an annulment, the court determines that the marriage never happened. You’d think that after more than ten years of not being together you’d be able to get a quick divorce and get on with your life, but it really does depend. It depends on what the person you’re married to thinks, and it depends on what you have and don’t have when you decide to get a divorce.
Financial Considerations and Property Division
Your ex can ask for alimony, child support, and even half of everything you own if he or she is so inclined. It’s not common when people have been self-reliant this long, but it does happen. If you want to get a divorce after a 10-year separation, it helps to talk about it ahead of time. The process works the same as it does when you’re newly separated, but it’s always helpful to discuss with your spouse your desire for a divorce.
- Communication is Key: Let them know you want to go ahead and make it official. It’s not a good idea to blindside someone after this long.
- Early Discussion Benefits: Let your spouse grow accustomed to the idea, and let them figure out how to make it work in their favor.
- Address Property Issues: Talk about your assets. Do you still own things together? How will you split them up, and what is the financial situation you want to continue after this point?
Your spouse might not want to spend his or her time married to someone else, but they might not be happy to hear that you’re getting remarried. If you can agree on these things in advance, it might be helpful to your entire situation. The lawyers at Spodek Law Group recommend handling your situation with care.
Understanding Your Rights: Alimony and Support After Long Separation
If a marriage lasts longer than 10 years, alimony payments may be indefinite or have no fixed end date. This is particularly important for couples who have been separated but not legally divorced. If you have been married for 20 years or longer, there is no limit to how long you can receive alimony.
The Impact of Extended Separation on Divorce Proceedings
Separation is the most natural entry into the divorce pool. Couples who make the decision to end their marriage often do so after trying out separation for a time. They might live apart for a few weeks or months to see how their lives are without marriage being an issue, or they might even try and work on their marriage while living apart. The old saying that absence makes the heart grow fonder is true in many cases, and that’s why separation is a working solution for many couples. Other couples, however, find that separation works so well they never stop.
It’s not uncommon for couples who no longer want to be married to decide on a separation that lasts many years. They make the decision because they want to spend time apart, but they never go through with a divorce. Your marriage might be over in every way that counts but the legal aspect. You didn’t sign any papers or get an actual divorce, but you are divorced in every other way. This works for many people, but there might come a time when you’ve been separated so long you forget your married. What happens if you want to get remarried, or if you want to change your life completely after you’ve been separated for more than 10 years?
The Divorce Filing Process
Once it’s time to file, go to the courthouse and submit the divorce paperwork. Your spouse is served with papers, given a chance to respond to the petition, and then things go from there. To file for divorce in California, either you or your spouse has to have lived in California for the past 6 months and in your current California county for the past 3 months. You can get a divorce after a decade-long separation, but it’s going to take a little more finesse if you’ve spent a lot of time apart and suddenly realize what the legality of your divorce means for both of you.
There won’t, however, be any problems in the eyes of the court. They won’t consider you unworthy of divorce even if you’ve been separated this long. The process works just like it would if you’d gotten divorced immediately after you decided to end your marriage in the first place.
Retain a Divorce Attorney for Your Long-Term Separation Case
No matter the circumstances leading up to a divorce case, you best protect your rights and interests by retaining the services of an experienced divorce lawyer. Our attorneys at Spodek Law Group understand the complexities of divorce after long-term separation. The first step in obtaining representation from a divorce attorney is scheduling an initial consultation.
During an initial consultation, a divorce attorney will evaluate your case. He or she will present your alternatives when it comes to seeking a divorce after a decade of being separated. You will also be able to obtain answers to questions you have about your situation. As a general rule, there is no fee charged for an initial consultation with a divorce lawyer.
A payment is alimony or separate maintenance if all the following requirements are met: The spouses don’t file a joint return with each other; The payment is in cash (including checks or money orders). Understanding these requirements is crucial when navigating divorce after a long separation, and our Spodek Law Group attorneys can help ensure you understand all aspects of your case.
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