Does continuing relations nullify my divorce?

Q: How long after divorce are you considered single?

Once your divorce is finalized, you are legally considered single. In most states, the divorce is effective immediately upon the court's final judgment, unless there are specific waiting periods. This means you can start dating or remarry right away, as long as you have received the final divorce decree.

Q: How does a silent divorce work?

A silent divorce involves spouses living separately while remaining legally married. They may stop sharing a home, but do not file for divorce. This situation can lead to emotional detachment and unresolved issues. To formally end the marriage, one spouse must file for divorce in court, which will initiate the legal process.

Q: How long can a silent divorce last?

A silent divorce can last indefinitely, as it depends on the couple's decision to remain married without taking legal action. However, it is advisable to address the situation by filing for divorce if both parties are no longer committed to the marriage. The emotional toll can be significant if unresolved.

Q: What happens if you start dating before divorce is final?

Dating before your divorce is finalized can complicate legal proceedings, especially regarding asset division or custody arrangements. In some states, it may affect alimony or spousal support claims. It's best to consult with a legal professional to understand the implications in your specific situation.

Full question:

My husband and I were divorced April of 2007. I have dated no one else, neither has he. We have continued to have relations and he pays for my pager and cable. Did we nullify our divorce by consummating it and never being with anyone else? He has also kept me on his health insurance since the 'divorce' in April of 2007.

Category: Divorce
Date: 04/07/2025
State: California

Answer:

Having sexual relations or maintaining health insurance does not invalidate a divorce. To be considered married again after a divorce, you must remarry. According to California law, a divorce judgment is final only after six months from the date of service of the summons and petition or the respondent's appearance, whichever comes first (Cal. Fam. Code § 2339). The court may extend this period for good cause.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do you know if you're in a silent divorce?

A silent divorce occurs when spouses live separately but remain legally married without formally filing for divorce. Signs include lack of communication, emotional distance, and living apart while still sharing responsibilities. If you feel your marriage lacks intimacy or connection, it might indicate a silent divorce. However, only legal action can formally end a marriage.

How long after divorce are you considered single?

How does a silent divorce work?

How long can a silent divorce last?

What happens if you start dating before divorce is final?

What is a silent divorce?

A silent divorce refers to a situation where spouses live apart and lead separate lives while remaining legally married. This often involves a lack of communication and emotional connection. While they may not pursue formal divorce proceedings, the relationship is effectively over. Legal action is necessary to officially end the marriage.