When seeking no-fault divorce, some states require spouses live separate for a period of time before filing. The mandated time of separation may be anywhere from three months to two years. The definition of “separate and apart” in most states is defined by living in separate households, without sexual intimacy. The time period may be shortened due to a few different variables. This time reduction may apply when a divorcing couple has minor children, or if they sign a mutually agreeing statement claiming the marriage is irrevocably broken.
Some states require a time of separation that must be met before the final divorce judgment is made. For instance, Kentucky requires the couple must live separate and apart for 60 days before the judge grants divorce, but there is no requirement for being separated before filing with the court.
The majority of states do not have any mandated separation period when filing for a no-fault divorce. In these states, the spouse who first files for divorce must either claim the incompatibility or “irreconcilable differences” between the couple.
A separation period is different from the waiting period, which may apply after filing for divorce. Some states may “require an additional waiting period after the filing of the first pleading before the judgment can be entered whereas other states allow the judgment to be entered almost immediately” (Family Law Quarterly, Winter 2013).
The hope held by some states requiring separation periods is for separating spouses to have an additional opportunity to reconcile their marriage. It looks like most states will adopt the same policy in the coming years. Visit our state-by-state page for more information about the specific separation and waiting periods in your state or contact us with your questions.
