If a husband and wife have separated with the intent of ending their marital relationship and have lived separate and apart for one year without resuming their marital relationship, either may file for divorce, provided one of the parties has been a resident of the state for at least six months. Spouses living in the same house are not living separate and apart. Whether there has been a resumption of the marital relationship during the separation period will be determined by all of the circumstances. Isolated incidents of sexual intercourse during the seperation period will not be considered a resumption of the marital relationship. Return to Topics Annulments Unlike a divorce that dissolves a valid marriage, an annulment is a legal decree that a marriage never occurred.
Annulments are rare and only granted in unusual circumstances.
Long before the year expires you should try to resolve the questions of alimony, child custody, child support and division of property. These are complicated questions which should require the advice of counsel. If you and your spouse can agree on the resolution of the issues, a separation and property settlement agreement is an effective tool. To be valid, a separation agreement must be in writing and meet certain other requirements. If you cannot agree, you may need to seek assistance from the courts.