If you are separated from yourwife and you have sex with her, is that considered cohabitation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 14 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.