If you are separated from yourwife and you have sex with her, is that considered cohabitation?

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If you are separated from yourwife and you have sex with her, is that considered cohabitation?

Does this start the one year separation period all over again?

Asked on August 26, 2010 under Family Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are claiming one of the at-fault grounds for divorce, you must wait 2 months before you can go to court. Divorcing spouses who have lived separately for a year do not have to sit through this 2-month waiting period. If you are just beginning the divorce process and do not qualify for any of the at-fault reasons for divorce, then you or your spouse must move out and live separately. This separation must be physical. Living apart means that you must live in separate residences under different roofs. Co-habitation is not allowed. Typically, in many states having sex with your soon-to-be-ex typically starts the 1 year period anew. 

Your best best is to discuss your specific situation with a divorce attorney in your area. 


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