How Long After a Separation Can You Obtain a Divorce?

By Beverly Bird

If your state accepts separation as grounds for divorce, this is one of the easiest grounds on which to file, because it is usually indisputable. In most cases, one spouse stays in the marital residence and the other moves elsewhere. You don’t have to go to excessive lengths to prove your spouse guilty of any particular misconduct. However, you can’t separate and file for divorce a week later. All states require that you remain separated for a while before you can file.

Definition of Separation

Some states, such as Virginia and Illinois, do not require you and your spouse to take up separate residences to begin your separation. If you remain under the same roof, however, you must cease marital relations and essentially live as roommates. You must maintain separate bedrooms and confine your contact to common areas of your home, such as the kitchen. Even then, your contact should be in passing, not taking meals together. Your separation begins on the date you start living this way. If one of you moves out, that’s your beginning date. If you reconcile, even for a night, most states require that you start the count all over again.

Separation as a No-Fault Ground

Most states consider separation a no-fault ground for divorce. When you and your spouse part ways, it’s usually an acknowledgment by both of you that your marriage is over. However, you must still establish that there’s no hope of reconciliation by remaining apart. This time period ranges from six months in Louisiana and Montana to a matter of years. For example, in Hawaii and Pennsylvania, you must remain separated for two years. In Rhode Island and Texas, it is three years, and in Idaho, you must stay separated for five years. Some states, like Illinois, Vermont and the District of Columbia, allow you and your spouse to mutually waive the statutory time period and file for divorce after six months.

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Separation as a Fault Ground

Separation is generally not a fault ground unless one spouse opposes it. When this occurs, most states refer to it as either abandonment or desertion. There’s usually still a time requirement, however. This is generally a year, such as in Connecticut, Utah and Illinois, but the requirements vary from state to state. New Hampshire calls this fault ground the “unexplained absence” of your spouse and he must remain away for two years. In Arkansas and Nevada, separation is both a fault and a no-fault ground.

Filing for Divorce

After you’ve met the separation requirement for your state, you can’t automatically be divorced. You must then file for divorce. Some states have waiting periods between the time you file and the time you receive your divorce, even after you’ve lived separately for a significant period of time. This can be as short as a month in Alabama to three months in Washington and six months in Louisiana. A few states, such as Arkansas, waive the waiting period if you’ve already lived separately long enough to qualify for this ground.

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Divorce & Legal Separation Laws in Pennsylvania

References

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How Many Days Apart Equals a Legal Separation?

Legal separation is not typically defined by the amount of time you and your spouse live apart. In many cases, it depends on whether an agreement or a court order is in place that governs the terms of your separation. State laws vary, and you may be legally separated when an agreement or court order exists, even if neither of you has moved out of the marital home yet.

Do You Have to Be Separated for 6 Months to File for a Divorce?

How long you and your spouse must live separately before you can file for divorce – or if you even have to live separately at all – depends on where you live and the grounds on which you file. In some states, if you cite no-fault grounds, no separation period is necessary. You can file on most fault grounds right away in many states as well.

Is the State of Maryland a No-Fault State for Divorces?

State laws normally include several grounds for divorce. Among the common grounds for divorce are adultery, cruelty, abandonment and desertion. Maryland recognizes these grounds for divorce, but in 2011 added a no-fault ground: a one-year separation between the spouses. This means that the spouses must have separate residences for at least one year and must not have sexual relations during that time.

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