Sex After Separation

In Wisconsin, you must be separated, living in a different residence, for one year prior to the finalization of the divorce. In some states, if you sleep with your (soon-to-be ex) spouse during a time of misunderstanding or dispute, the court considers that to prove that you forgive your spouse for any wrongful acts. 

Separation Period Before Divorce

When it comes to getting a divorce, it is important that you know the basic procedural laws that need to be followed. Under our law, there is a one-year statutory period for separation before a party can file a divorce complaint against the other spouse. This simply means that the married couple must be living away from each other for at least one year in order to properly institute a divorce action. If this waiting period is not met, then the court will not have the jurisdiction to rule on the divorce. However, in Wisconsin, the law can be bypassed if both parties agree that the marriage is irretrievably broken.[1]

If you are planning to secure a final divorce decree against your partner, it is important that you move out of your shared dwelling or let the other party move out. It is not really necessary that all communication between the two of you be severed. If the parties cannot separate the places they live, they can even show separation by sleeping in different bedrooms. Constant meetings with your soon-to-be ex-husband or ex-wife may still be made especially if its purpose is to discuss matters concerning the children.

Sleeping with Your Soon-to-Be Ex

The question of this article is whether sleeping with the other spouse during the one-year period for separation will be affect your case. It must be noted that under our law, having sex with the other partner during separation can constitute as proof that the marriage is able to be fixed. And under Wisconsin's statutes, if the court find there is a reasonable prospect of reconciliation, they can delay the divorce between 30-60 days.[2] Under this law, there is no penalty for sleeping with your spouse during the separation, but it can impact your case if you sleep with them within 30 days of your divorce beginning.

Nonetheless, the effect of sex during the separation is still subject to the discretion of the judge who will hear the divorce complaint. It would also depend on whether the sex between the parties have become habitual or not. If the sexual act between the separated married couple happened only once, it is more likely considered as a mistake and will not have an adverse effect on the future divorce action. However, if it has become habitual, the opposite may happen especially because the judge could say the marriage is not broken if parties still want to engage in sexual acts with each other. 

If all these matters are still unclear to you, feel free to talk to your divorce lawyer. They will be more than willing to discuss the effect of having sex after separation. Just make sure that you can trust your lawyer and be honest in all your dealings with him or her.

For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!

References: 1. WI Statute, 767.315 § (1)(b)1. Annulment, Divorce, and Legal Separation. | 2. WI Statute, 767.315 § (1)(b)2.

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