Will sex with spouse during divorce have any effect on the divorce?

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Will sex with spouse during divorce have any effect on the divorce?

Asked on November 10, 2010 under Family Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Well, generally speaking, sex during a marriage can have an effect but it really depends on the grounds for divorce.  If the grounds for divorce is constructive abandonment (which is used in some states to mean "no sex") and you have sex then there goes your grounds.  Many settlement agreements have in them a provision that states that such actions do not constitute "reconciliation" under  the law - that is what you have to worry about here - and so the parties are free to do as they please. This can be the same in a filed eparation agreement.  Ask your attorney how it will effect your particular situation. Everything turns on the facts of the case.  Good luck.


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