Title: Is Long-Term Separation Considered a Divorce?

Hello Lawyer,My husband and I have been separated for 20 years without going to court, and both parties have their own separate lives. In such a case, can we be considered divorced?

Currently, there is no specific legal document that defines what constitutes separation. Simply put, separation is when a husband and wife no longer live together, each leading their own separate lives.

Clause 14, Article 3 of the Law on Marriage and Family 2014 stipulates as follows:

Divorce is the termination of the spousal relationship according to an effective legal judgment or decision by the Court.

And Clause 1, Article 57 of this Law stipulates the time at which marriage terminates as follows:

Marital relationship terminates from the date when the Court's divorce judgment or decision becomes legally effective.

=> Based on the above grounds, it can be seen that separation does not terminate the marital relationship, which means that separation is not equivalent to divorce.

Therefore, in the case where the sister has been separated from her husband for 20 years, it cannot be considered a divorce; the marital relationship between the two still exists.

Respectfully!

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