Cohabitation and Divorce


#1

My STBX and I have been separated for a year now. I am ready to move forward with filing for divorce. During our year separation, although we lived apart, there were several times we had sexual relations. Will that effect my ability to move forward and can she dispute it since the complaint states “Plaintiff and Defendant have lived continuously separate and apart from each other and at no time have they resumed the marital relation which formerly existed between them”? What exactly does “marital relation” mean? Thanks.


#2

The law states that isolated acts of sexual intercourse do not constitute a reconciliation. If the two of you have been living separate and apart for a year with neither of you having the intention of resuming the martial relationship, and you have not “held out to the public” that you continue to live as husband and wife, you meet the criteria to file for divorce.