Married couple living apart for 10 years?

[tiernan]

I know a couple who have been married for over 40 years.
About 10 years ago, the man located his long-lost sister and wanted to get to know her and her family. He stayed with them for a while to get to know them. (No, nothing inappropriate is going on.)
The couple has stayed married, but its been 10 years and the husband still lives 5 hours away from his wife with his sister, and now he has medical problems that are keeping him there.

I know of the common law marriage thing in Texas. You live together for 10 years and you're married or whatever (I know I'm leaving a lot out of that law's description.)
What if a married couple (who is still married) live apart for 10 years? Is there such a thing as common law divorce or separation??
Thanks in advance!

[newyddilyn60]

I know a couple like this. They were married for like 25 years, then separated when the kids were raised, but they never divorced. They've lived apart now for about 10 years. They have stayed married because she is a staunch Catholic. He never seemed to mind that they never divorced. As far as I know they've stayed faithful to the marriage. They are friends and take vacations all together with the kids and the grand kids. I don't know, guess it works for them.

No, there is no such thing as a common-law divorce. To call them married or separated would be appropriate.

[sceley]

No, there is no common law divorce. A marriage is a legal contract, so to dissolve the contract, you need to do so legally. The woman may have grounds for 'abandonment', which may make a divorce easier and faster for her. Many lawyers will give free advice so if she is looking to end her marriage, she should consult with a few to get some insight.

[webb]

I do not think so. Marriage is until there is a divorce; this is NOT automatic.

[edmondo93]

No, there is no such thing. They remain fully married until they file for and receive a legal divorce.

[ern]

sounds complicated.

[kienan]

no