Isolated incidents of sexual intercourse during a separation does not mean the spouses have reconciled such that a new one-year waiting period is required for a divorce.
Our courts consider the "totality of the circumstances" to determine if the parties have reconciled.
If a reconciliation does occur, a new separation and one year waiting period is required before the parties may obtain a divorce.
Consult with an attorney to discuss your rights and to make sure you understand the separation papers before signing them, as they become a binding contract once signed by both husband and wife.
Generally, a separation does not legally end a marriage.
Back to Top How does the military view a separation?
In the eyes of the military, you are still married.
Consequently, any support obligations remain in place and, if you have sexual relations with anyone other than your spouse, you could be charged with adultery under the UCMJ.
It is likely best for you and your spouse to each consult with an attorney to discuss which option is best. Legal separation allows a husband and wife to live separately, and to formalize their arrangement by a court order or written agreement.
Whether you were unhappy in your marriage for a long time prior to separating, or as the months have passed after your separation you find that you miss the companionship of another person, it’s reasonable to ask about dating.
Many people enjoy having a special “someone” to share their free time with and waiting the “year and a day” from your date of separation to file for divorce can seem daunting without companionship and support. The more tempered and reasoned answer to “Can I date after I separate?
Deciding that a marriage is over is difficult for any couple.
If the husband and wife have minor children, the agreement or court order will set forth arrangements regarding custody or visitation.