Separation Means True Separation
by Belli, Weil & Grozbean, P.C.
Question: I'm currently living with my wife while I look for another place to live. (We plan ultimately to divorce.) I understand that there needs to be a period of separation before the courts grant a divorce. Is there a legal definition of "separation" which I should be aware of?
Answer: Voluntary separation is when two parties agree that they need to go their own ways. Even though it may not start out as a "voluntary" situation, the parties can eventually come to a mutual agreement that separation was inevitable.
Most states require that you live separately for the statutory period of time. This means no cohabitation. Separation means residing (and sleeping) in different locations at all times. Separate bedrooms in the same house do not constitute a separation.
