No divorce is "automatic". If you are living apart for a year pursuant to a Separation decree or agreement then that provides grounds for divorce. You still need to sue for divorce but it is nearly automatic as long as all other issues have been addressed in the decree or agreement - though there could conceivably be disputes about those items and/or modification of prior court orders, newly discovered assets, etc. You could also have grounds if the marriage has been irretrievably broken for more than 6 months, regardless of actual separation - you could live in the same home and lead separate lives and have grounds for divorce. This is not automatic as no judgment of divorce may be granted upon a finding of irretrievable breakdown unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce. D.R.L. 170 (7 ) as added by Laws of 2010, Ch 384.
Answered on Jul 11th, 2011 at 2:37 PM