Legal Question in Family Law in Massachusetts
divorce
after a 16 year seperation is divorce absolutely necessary in order to marry someone else children are involved but everything is settled i.e. child support estate etc
5 Answers from Attorneys
Re: divorce
No matter how long you are separated, you are still legally married until you are divorced. If you marry someone else, the marriage will be void, and you may be in trouble for polygamy. If everything is already settled, the divorce should be simple.
Re: divorce
"What he said." (Previous answer). Please note that "trouble for polygamy" reflects the fact that it is illegal to marry when you have an impediment to marriage, and many if not most states still consider bigamy/polygamy to be criminal. When you apply for a marriage certificate, you state under oath that you know of no impediments to the marriage, and thus you would be committing perjury if you got married anyway. Also, because your second marriage would be void, health insurers, employers, courts, tax officials, and so on would not recognize that you have the right to the benefits of the marriage.
These would all be valid reasons to spend the $1,000 or less to get it done properly, as it will save you many thousands in the future.
Re: divorce
yes
Re: divorce
Last time I looked, having two spouses was a no-no. If you were married, you need a divorce to remarry.